Legal Question in Medical Leave in California

Laid off while on leave
My wife found out she is to be laid off. Our son was born in September (with some heart complications) and my wife's Paid Family Leave just ended last week. Our son has already gone through open heart surgery and is recovering nicely. In about 4-6 month he will require a second heart surgery. The plan was for my wife to go out on FMLA for six weeks for bonding and to attend to the special care our son requires. We stopped by her office last week to say hello and to update them on our son and on her plans for work. She was told things were slow at work and to take all the time she needed. Less than a week later she received a phone call that she would be laid off. They told her they would keep her on until she returned from FMLA. Two weeks after her return to work they plan to lay her off and give her two months severance pay.
The company is small, with only 10 employees and is technically not governed by the FMLA.
What should we do?

Asked on 11/09/06, 12:26 pm

Terry A. Nelson Nelson & Lawless

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Re: Laid off while on leave

Make sure to sign up for your COBRA insurance conversion and keep it in force.

Since the employer is too small [less than 50 employees] to be governed by FMLA, they were simply 'nice' to permit the leave.

Answered on 11/10/06, 3:06 pm

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