Legal Question in Medical Leave in California

Do I have the right to keep my work?

I worked for five months in a big company with a permanent status.Then I had this emergency surgical operation which doesn't allow me to work for six weeks as documented by my doctor to my employer but my employer ensists that I would rather resign or else they will fire me out if I can't report to my work within eight days since my absence. Do I have the right to fight for my job? I am so worried. Please answer me. Thank you.


Asked on 7/31/01, 7:20 pm

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

Re: Do I have the right to keep my work?

You have to employed with the company for at least one year before you are protected under the family leave laws. Depending on the nature of your surgery, it may or may not be considered a disability as defined by California law, which prevents employers from discriminating from persons who suffer from disabilities. If it is not a qualified disability, employers may terminate employees for excessive absence, regardless of the reason.

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Answered on 8/02/01, 12:13 pm


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