Legal Question in Disability Law in California

termination while on disability

I've been on disability for 3 months by docter on what they still cant figure the cause(worst then arthritis),my work sent me a letter saying i may be terminated,can they do that?


Asked on 1/21/08, 5:20 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: termination while on disability

Unless you are protected by the ADA laws on actual disability or by the FMLA medical leave rules, and if you are simply on temporary medical leave, your situation is governed by company policy on leave length allowed before termination. IF you qualify as 'disabled' under the ADA rules, put your company on notice of that. You can also request the leave be classified as FMLA for serious medical condition, however, FMLA only protects you for 12 weeks, and you've already exceeded that. If you can, negotiate an extension or a promise to rehire when released from treatment. Feel free to contact me if interested in getting legal help trying to do so.

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Answered on 1/21/08, 5:33 pm


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