Legal Question in Medical Leave in California
Getting fired after 12 weeks on FMLA
Hello,
I was told by HR at my work that if I didn't return after my 12 weeks of FMLA that I would be fired even if I have a doctors note saying that I cannot return as of yet. I am going thru a series of epidural steroid injections and if they don't work the doctor wants to do spinal fusion surgery on me. There is no workers comp case with this by the way. I have my insurance through my work and if they fire me I won't be able to get the surgery. Also I wasn't asked to be put on FMLA, I was told that they are automatically putting me on it. They sent me something in the mail saying that I was ''approved'' for FMLA even though I didn't ask for it. Please tell me what the law is on being fired for this. Thank you.
2 Answers from Attorneys
Re: Getting fired after 12 weeks on FMLA
How do you not use your back in work? if you did you might have a work comp case called a continuos trauma. This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
Re: Getting fired after 12 weeks on FMLA
If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.
If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.
Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.
Now, if they violate those rules, contact me for the legal help you'll need.
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