Legal Question in Medical Leave in California
No longer employed?
I Have been Employed for the last 11 yrs at the same location for a large Corporation (estimate 3500 employee's)
I Took Fam Med leave and have 3 weeks left of the 12 weeks provided with a Dr's release.When I contacted the Office that I Manage they state I am no longer employed,and the new manager is (--)are they allowed to replace me?
The only letter I received from the Co,was an aknowledgement of the FML which referred to benefits to be paid,there was no regard to(key)employee status,the letter also stated that I will not be reinstated if I do not provide medical certification.This letter was mailed to me 1 month after starting the leave.
I have complied and submitted all Dr notes and releases to the Co.
I also have spoken to other employee's and Patient's who confirm that they were told I no longer work for the Co
and have been replaced with an new manager.
Am I eligible for unemployment benefits untill I can find new employment?
2 Answers from Attorneys
Re: No longer employed?
If you were qualified for such leave, then it is a violation to fire you. You probably have grounds for a suit against the company if they don't reinstate you when your leave is up. If so, contact me then to discuss your rights and remedies.
Re: No longer employed?
Yes. Not only are you entitled to unemployment compensation (probably with a fight from the company), but also to a lawsuit for discrimination based upon medical condition and/or disability. They have to keep the job open for you during the period up to 12 weeks or offer you a similar job if your job is no longer available.
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