Legal Question in Medical Leave in California

12 weeks up-still under Doctors care

I have used my 12 weeks up, still under the doctors care and company has terminated me. What do I if the doctor feels that I can not return to the type of work that I had done before my leave? I have done this same work for the last 19 years. Is there any where I can get retraining for another type of work. Since I am terminated from my job,if or when the doctor releases me can I collect unemployment until I can find employment? Thank you


Asked on 9/26/02, 2:47 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: 12 weeks up-still under Doctors care

For the time being, you should be eligible for state disability (SDI). If you were injured on the job, you should be eligible for workers compensation. When you are released to return to the work force, you will be eligible for unemployment insurance because you lost your job through no fault of your own. You should check with EDD to see if you can receive retraining for other job skills. Also look at taking community college courses for additional education and skills. Finally, inquire of your employer as to whether there was a short term disability insurance policy in effect. Do not put any of this off as there are strict deadlines that apply to many if these things.

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Answered on 9/27/02, 1:40 pm


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