Legal Question in Medical Leave in California

Benefit Termination Upon Return to Work

My employer requires 80 hours of work in one month in order for benefits to be paid for the following month. If an employee is on an approved FMLA continuous leave and is scheduled to return to work with less than 80 hours remaining, can the employer terminate benefits? Taking into consideration that the employee was out on approved, protected time for the majority of the month and they are not able to satisfy the 80 hours of work, since 80 hours do not remain in the month?


Asked on 5/25/08, 6:44 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: Benefit Termination Upon Return to Work

I believe that would be illegal. Terminating your benefits would be considered an adverse action in retaliation for exercising your legal right to Family Medical Leave, and is actionable under California Fair Employment and Housing Act.

Thanks, and if you would like to follow up on this, feel free to contact me.

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Answered on 5/25/08, 7:44 pm


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