Legal Question in Employment Law in California

Can an employee be discharged because he has not been releasd from disability per his doctor? The illness involves a stem cell transplant so the employee will be out for over a year.


Asked on 6/25/13, 2:39 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You should actually consult with experienced counsel before making serious decisions carrying litigation risk, but...

I tell employees:

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 / 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 any group health benefits, restoration to the same or an equivalent job upon return to work, with any 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'. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider. If you are out longer than those guarantees, they can terminate you.

If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 6/25/13, 2:43 pm
Kristine Karila Law Office of Kristine S. Karila

Your question is too complex to answer on an online forum. Call an employment law attorney to discuss.

www.employment-businesss-attorney.com

949-481-6909

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Answered on 6/25/13, 3:06 pm


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