Legal Question in Business Law in California
I have an employee who was injured at home. The injury was not work related in anyway. The employee is going to require much time off and it is likely he will not be able to fullfil his duties in the future due to the physical demands of the job. The position he had needs to be filled as it is vital to our operation. My question is this: Do I have to hold the position for him and if so, how long must I hold it ? If I let him go, what legal issues may I be facing. We are a California company.
1 Answer from Attorneys
I tell employees:
1.) 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 medical leave when you are unable to work [or must care for an immediate family member] because of a �SERIOUS health condition� [that is properly confirmed and documented by the doctor], continuation of group health benefits, restoration to the same or an equivalent job upon timely return to work, with accrued benefits. The employer can require you to use all accrued unused vacations and leave[s] as part of the 12 weeks, so as to make that portion 'paid'. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider. Being out sick with minor illness or injury does not fall within the protections.
2.) If your employer has a written policy requiring they hold your job for you for a specific period of time while on disability, longer than the FMLA / CFRA rules provide, that is enforceable.
If you need legal consultation or representation in dealing with this, feel free to contact me.
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