Legal Question in Civil Rights Law in California

So confused

Hello, I have been out on disability for about 2 months. I am supposed to return to work tomorrow. HR called about 2.5 weeks ago and told me they need me to come back now. I told them I would come back only when my Doctor said so, (the time being nov 23). They new that was the day that they show me as coming back as well. I have not heard back from them and have a feeling they will terminate me tomorrow when I go back. My doctor will extend my claim if that happens. Will disabilty still pay?


Asked on 11/25/07, 11:15 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: So confused

If you don't provide to the company a doctor's authorization for leave beyond a specific day, and you don't return on that stated day, you could be fired for job abandonment. After being fired, it would be too late to provide another doctor's note, although you could try. You might be able to continue disability if that happens, with proper doctor's note. It would be up to the discretion of the company whether they allowed you to return with a 'late' note, and company policy would apply as to how long they allow as medical leave. If you exceed that maximum leave, they can fire you.

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Answered on 11/26/07, 2:46 pm


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