Legal Question in Employment Law in California

It sounds as though the company improperly denied your FMLA leave, which is why they are offering you your job back. If the denial was improper, they should be liable for all consequential damages, including lost wages. But if you were going to be out on leave, you would not have been receiving wages, after sick pay and vacation time was exhausted. If you were released to return to work and the company did not allow you to return, you should receive wages for that period of time.

If the employer gives you a hard time, see an employment law attorney for assistance.

The long answer:

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of UN-paid FMLA / CFRA maternity / medical leave when you are unable to work [or must care for an immediate family member] because of a �SERIOUS health condition� [that is properly confirmed and documented by the doctor], continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. 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'. Being out sick with minor illness or injury does NOT fall within the protections.

With all that said, The short answer is that IF you were qualified for, and if they had properly authorized an FMLA leave, you would would have been entitled to UN-paid leave for a max of 12 weeks. The question in your case is whether your medical condition qualified you for FMLA leave. If not, then you weren't legally protected from termination. Now, if they recognized their error and have corrected it to the extent that you got your unpaid leave and were returned to work, you have suffered no financial damage for their original violation.

Now, if they violated 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.