Legal Question in Employment Law in California

disability

I have been on medical disability ,due to stress and depression, since April 11, 2008 and collecting only California State Disability and my counselor has now extended my leave until Dec. 1, 2008. I received a letter from my employer stating that they will only hold a position for me until Oct. 10, 2008, which would be 6 months, can they do this? I thought they had to hold either my position or an equal position for me. this all started when I went to my Dr. for stress at work and a week later my 3 year old granddaughter was diagnosed with leukemia and then a month ago my brother in law was killed on his motorcycle. I love my job and want to return, my Dr.'s just don't think I am ready, I have a very visiable position. the letter more specifically states that if I am unable to return on or before Oct. 11, 2008 my benefits will end and the company's commitment to hope my position is no longer required. Please advise if there is anything I can do to protect my position or if what they are stating is how the law reads

thanks


Asked on 10/02/08, 12:53 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: disability

Unless you are seeking appropriate 'accommodation' as a legally recognizable 'disabled' person, then you're subject to the company policies on medical leaves and terminations. That isn't what your facts sound like.

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Answered on 10/06/08, 5:56 pm


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