Legal Question in Employment Law in California

If your injuries are work-related, then you need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care and if they fire you there is a penalty for that.. Feel free to call me at 213-388-7070 for a free consultation.

If this was not a work injury, then your leave rights are defined by FMLA, as you indicated. If you have already used all your FMLA leave, then you job is not protected if you go out on new medical leave or for any other reason. You are an 'at will' employee that can be fired any time for any reason. However, verify the math they claim, as you have already worked almost a year since returning from the prior leave, and could already be qualified for another block of leave. Here are the rules:

If your CA employer has at least 50 employees, and you are employed for at least 12 months and have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA medical leave. The employer can require you to use all accrued unused vacations and leave[s] as part of the 12 weeks, so as to make that portion 'paid'.

As is usually the case, "people" offering opinion on the law are ill informed. There is no 'law' against terminating you while on disability leave after you exceed the FMLA time limit, unless the termination also violates some other specific law. You have not stated any basis for other protection.

Now, if they are improperly denying leave under those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years. Also, it may be worth hiring an attorney to contact them with 'gentle persuasion' to educate them about your leave rights.