Legal Question in Medical Leave in California

Termination after FEMLA expired

MY FEMLA leave expires 4 days before I can see my M.D.to release me back to work. I spoke to the the Human Resources Dept. of the corporation and was told it was the law that I had to be terminated. Is this true or is there no discretion re: such a short period of time (like 4days)????


Asked on 2/24/04, 12:07 am

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

Re: Termination after FEMLA expired

Under the FMLA and its California equivalent, employers only have to hold your job for up to 12 weeks. Not 12 weeks and 4 days.

If you can't see your doctor sooner, you can ask the employer to reasonably accommodate you for the additional 4 days, but there is no assuarnce they will do so. Whether they are obligated to depends on many other factors I do not have here.

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Answered on 2/25/04, 5:17 pm


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