Legal Question in Medical Leave in California

Resignation/Termination after use of Family Medical Leave Act.

What is ones options after using up the 12 weeks allowed in the Family Medical Leave Act? I have been put on short term disability by my doctor and because of that have been on a medical leave from my employer. My 12 weeks is coming to an end and my doctor has advised me not to turn to work yet. My employer thus is asking for my resignation. I am concerned that if I resign I will lose any rights I gave to unemployment insurnace and or the services provided by EDD, if I need re-training. Note this is not a workers comp issue. I have a condition of arthritis, which has caused me great trouble preforming my job requirement. Thank you for any assistance!


Asked on 5/05/04, 9:17 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Resignation/Termination after use of Family Medical Leave Act.

Make sure you request and use up all your accrued personal leaves and vacation time, then ask to borrow forward for additional leave time [if you can get them to do so, however unlikely], then use up all your FMKA time, then let them termination you if they are going to do so, rather than 'resign' -- unless they convince you that it would make a difference to them in rehiring you after medical release to return.

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Answered on 5/11/04, 2:47 pm


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