Legal Question in Medical Leave in California

Employers responsibility upon leave request

My employer has never responded or returned anything to me in writing in response to my request for, commencement of and continuation of leave (FMLA). I requested leave in Sept 2001 for Nov-Dec 2001 and returned to my job in Jan 2002. I was again disabled in Aug 2002 and have been off since. My employer continued their contribution for my benefits during 2001 and the first 12 weeks of this period but tells me now that my position has been filled and the only job available, upon my release to duty is a lesser position. I was Management, the job available is Labor. Can they do that? Where do I stand 14-15 weeks into a LOA? I don't believe the 12 week FMLA clock ever started. How can my leave be FMLA if they never complied with the employer requirements? Thank you.


Asked on 1/16/03, 11:57 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Employers responsibility upon leave request

If you qualify for a FMLA leave by number of hours worked in a year, time off, and time between leaves, you are also entitled to return to the same or similar job. The time between leaves is critical, so if interested in pursuing a claim, contact me to discuss details.

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Answered on 1/22/03, 7:39 pm


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