Legal Question in Medical Leave in California
Fmla
On 5/12/09 my job placed me on FMLA. I'm having foot surgery on 6/18. A recent MRI revealed a large bulging disc in my lower back, which my doctor is referring me to a neurologist, physical therapy, and a pain specialist. My question are as follows: 1) In what situation can I be laid-off while on FMLA? 2) Will my health insurance continue if I do not return to work in 12 weeks? 3) How can I protect all my employee rights? 4) Will I be covered under ADA, FHEA, if my doctor requires that job modification? I'm really concerned about my job and health insurance. Please advise.
Thank you,
Randi
1 Answer from Attorneys
Re: 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 when the employee is unable to work, or must care for an immediate family member, because of a �serious health condition�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.
If you are out longer than those guarantees, they can fire you.
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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