Legal Question in Medical Leave in California
Is it legal to be replaced without notification?
When I went out on leave I gave my employer a written note stating my time off with and ending date.I returned as anticipated only to find I had been replaced. My off work time did exceed 12 weeks, however I was not once notified in writing of this decision. Do I have a right to have my job back? They offered my another position, same title with less hours and a rotating shift verses my set schedule.
2 Answers from Attorneys
Re: Is it legal to be replaced without notification?
Assuming you qualified for FMLA leave, the employer is obligated to allow you to return to the "same or comparable position".
Re: Is it legal to be replaced without notification?
If you are saying you notified them you were taking a Family Medical Leave Act leave or a Pregnancy Leave Act leave, then you have the right to your job on return, or one comparable in duties, hours and pay. Feel free to contact me if you want to pursue your claim against them. You will need to file with the DFEH or EEOC as a required prerequisite.
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