Legal Question in Medical Leave in California

Termination of Employment during approved Medical Leave

Just two days prior to returning from an approved medical leave, on 3/15/01 I was officially called from our corporate office of my termination. I was told the local office I was affiliated with was closed and the Investment Representitive I was working for transferred to an office in a local town in the same state. My leave began 12/18/00 and my return date was 3/19/01. This leave was for major surgery. I was employed by this company for eight years and a limited partner. I question my rights on this issue. I would under normal circumstances have three weeks paid vacation for the year 2001,of which they are not includung in my very weak severance package. Am I not entitled to this ? And initially I was ''verbally'' offered a four week out placement location at a nearby office and full pay beginning 4/19/01 untill all conditions were resolved and agreed on. Today I received a voice mail msg that a check was being printed and sent to me Federal Expressed tomorrow and that nothing more can be done. Awaiting your reply, I would appreciate any input or guidence. Thank you.


Asked on 4/10/01, 1:03 am

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

Re: Termination of Employment during approved Medical Leave

Employers are required to allow employees to return to their same or similar positions, after returning from medical leave. However, if you would have been legitimately laid off for valid business reasons anyway, regardless of your medical leave, there is no case. Whether you are entitled to the vacation pay depends on how their vacation policy is worded. Vacation pay that has been earned for the portion of the year worked, must be paid. It doesn't sound as though the outplacement service is enforceable.

Read more
Answered on 6/08/01, 8:32 pm


Related Questions & Answers

More Family Medical Leave Act questions and answers in California