Legal Question in Medical Leave in California

returning to work

When I return to work my employer says:

No guarantees are made as to reinstatement to the same or an equivalent position and pay rate upon return from the leave. I have worked for this company for 20 years so now they are telling me that they could put me back to minimal wage or something lower than I was making before I went on leave? If they offer that to me and I do not take that would I be able to apply for unemployment benefits or am I just stuck with a lower wage? Thank you


Asked on 6/21/02, 5:05 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: returning to work

Assuming you qualified for medical family leave, your employer must take you back to the same or similar position or they are in violation of the law, unless you are regarded as a "key" employee. However, there are several obstacles they must overcome to refuse to take you back under these circumstances, which I cannot go into in a brief e-mail.

In order to receive unemployment benefits, when you quit your job, you must show that you did so with good cause. Taking a cut in pay is not necessarily good cause because even reduced pay is better than no pay at all. It would help to show that you cannot live on that pay, and that the job responsibilities are far below what you are trained or educated to do.

If you are not returned to your former position, or the equivalent, see a labor law attorney in your area, or make an appointment with the California Department of Fair Employment and Housing

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Answered on 6/24/02, 12:08 am


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