Legal Question in Medical Leave in California

Returnig from medical-disability leave

I have been with my employer for 17 years, I took medical leave in April 2002. I returned to work on 6-16-02 to 7-15-02 and my doctor felt it was necessary that I be put back on medical leave on 7-16-02. I have been seeing a doctor every since that date. I received medical forms to fill out for my disability compensation from my employer. I have been

keeping in touch with my Supervisor and headquarters in

reference to my medical condition by physicians statements.

Now it is Sept 11, 2002 and my doctor has released me to

return to work on 9-16-02. The locks to my office has been

changed, my supervisor refused to meet with me and has been

avoiding me for 6 days. I called my headquarters personnel dept and they informed me my position is no longer available

and they do not have an obligation to find one. Can my

employer do this by California law, even though I am out on

disability? Thank you


Asked on 9/12/02, 2:05 am

1 Answer from Attorneys

Re: Returnig from medical-disability leave

-You are entitled to 12 weeks FMLA leave. Because it appears you exhausted that time, I do not beleive you are entitled to return on that basis. There might be a question as to whether the leave constitutes a reasonable accomodation under disability discrimination statutes.

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Answered on 9/18/02, 11:28 am


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