Legal Question in Employment Law in California

Demotion's

I was the maintenance supervisor and was recently unofficially demoted. I am ready to leave the company but, will actively seek employment elsewhere. In the meantime Could I take sick leave and for how long? What would be the requirements such as a mental doctor's advice to take a medical leave of absence? How about vacation, once I leave the company am I entitled to my vacation pay or will I loose it?

Thanks for the advice,

Hector


Asked on 2/12/07, 2:19 pm

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

Re: Demotion's

If you work for a company with 50 employees or more within a 75 mile radius of where you work, and have worked full-time, for the past 12 months, you should be eligible to take up to 12 weeks off for a certifiably serious illness. Most people refer to this as FMLA leave. Check with your company's personnel policies to be sure.

Employers must pay all accrued vacation time. Use it or lose policies are illegal in California.

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Answered on 2/16/07, 9:31 pm


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