Legal Question in Medical Leave in California

family medical leave act

hello im asking for my mother she has been working for this place for 7 years. about 10 months ago she had to have opened heart surgery. she was terminated after 12 weeks when he family medical leave was up. they said they will give her her job back when she was allowed to work. she is allowed to work now but they said they cant give her her job back that they want to give it to a new person. i was wondering if they can do that? is this discrimantion? thank you


Asked on 12/31/03, 1:41 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: family medical leave act

Unless the company written policy quarantees her job for the entire length of time she has been off, now 10 months, she probably has no effective claim, since the law only provides for 12 weeks guaranteed. Negotiate with the company, she is a long term and valuable employee entitled to fair treatment.

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Answered on 1/05/04, 5:50 pm


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