Legal Question in Disability Law in California

If this is an on job injury WCAB claim as indicated, or a claim of retaliation or failure to comply with WCAB protections as implied, contact a WCAB specialist for their help, as only WCAB rules apply. If not, then the following apply:

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA maternity/medical leave when you are unable to work [or must care for an immediate family member] because of a �serious health condition�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.

If you are out longer than those guarantees, they can fire you.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Overriding those stated protections, just because you are on leave does not mean you can�t be terminated. You have no special exemption against lay offs due to business reasons. A company in downsizing can lay off a FMLA leave person, as long as they can show they aren�t targeting him �because of the leave�.

Now, if they violated those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.

Your situation is so fact specific and a good deal of questions need to be discussed with you to ensure your rights are properly assesed, it would be a good idea for you to contact an attorney in your area or the area for which you worked. Best of luck.

Sincerely, Beth

Under Labor code 132 (a) of worker's compensation laws, you should not have been terminated while on disability. You have to file a WCAB application and file a labor code 132 (a) petition for penalty. Feel free to call us at 213.388.7070 for a free consultation.