Legal Question in Medical Leave in California

Good Question!

I am currently on CA state disabilty and have been away from my work past the 12 week perior for FLMA. I recieved a letter from my employer with many overtones of termination also requestions loads of additional information such as releasing all of my protected medical records. If I resign today will this effect my state disabilty checks as well as my eligibilty for unemployment compensation once my condition is improved and I am able to look for work again?

Thanks,


Asked on 8/21/04, 5:27 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Good Question!

If you resign because you are unable to work due to your medical condition, you should be eligible to continue receiving SDT benefits and also receive UI benefits when you are released to return to work. Just make sure you make it clear that you are resigning due to your inability to perform the essential functions of your job because of your medical condition.

If you wish to remain employed, ask your employer whether they can reasonably accommodate your condition, but they will then have the right to request more medical information about you so they can determine the extent of your limitations.

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Answered on 9/07/04, 7:11 pm


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