Legal Question in Employment Law in California

disability

Im currently on pregnancy disability leave due to complications from diabetes. I recently found out my company is advertising my position on internet. I have had no contact with company in over 3 mos. I want to know if they can legally do that without knowing if Im going to return which I had planned to do. I also want to know if I'm eligible for family care leave.


Asked on 4/22/03, 6:52 pm

2 Answers from Attorneys

Re: disability

You are probably entitled to 4 months pregnancy disability leave. Your entitlement to FMLA leave depends on a number of things including number of employees in the company. My concern is whether you have notified the comapny that you intend to return. If you have, you must be placed in the same ore similar position.

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Answered on 4/29/03, 1:23 pm
Terry A. Nelson Nelson & Lawless

Re: disability

If you "have had no contact with company in over 3 mos" and if they don't know "if Im going to return", then you probably have exceeded your maximum leave, and probably have failed to comply with company policy on required notice and update of your situation. If you have actually complied with the rules, and are still within the term of your leave, then you may have a case. If so, call to discuss if interested.

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Answered on 4/28/03, 7:16 pm


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