Legal Question in Medical Leave in California

Disability

I have been diabled by my physician, and I am currently exceeding my 90 day medical leave of absence which started 3/2/07. My employer just wrote me a letter that stated the following: As a result we can no longer hold your position open and will consider this a voluntary resignation, effec. 6/1/07based upon the fact that you failed to return from your Leve of Absence. I understand that they are not obligated to hold my position, but can the empoyer consider my continued disability as a voluntary resignation? They had paid me for my accrued vacation and sick leave at the beginning of my sick time. Theyare stating that I am eligable for Cobra, and I will be receiving this in the mail. But, I do not understand why they made the assumption that the ''consider this a voluntary resignation, as my intentionas are to continue to work for them.


Asked on 6/04/07, 1:51 pm

1 Answer from Attorneys
Alden Knisbacher knisbacher law offices

Re: Disability

I would be interested in looking at the facts a bit more -- feel free to send me a timeline along with specifics -- were you returned to work with limitations, what is your expected return to work date, etc. As for the "voluntary resignation," apply for unemployment insurance, and if it's denied, file an appeal of that ruling -- you should get unemployment. Good luck.

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Answered on 6/04/07, 2:22 pm


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