Legal Question in Employment Law in California

Without more facts, it is impossible to answer this question. For instance, I would need to know how long you have been on medical disability leave, how many employees work at your company, and how long the doctors said you would be on disability leave. There are other questions, but those are some initial facts that would help me evaluate your rights.

My firm's website has a confidential online case evaluation questionnaire that contains some more detailed questions and would help focus the issues. If you would like a more detailed evaluation, you can go to www.sarnofflaw.com and complete the questionnaire. This would be the easiest way to get more information and assess whether or not you have a claim for disability discrimination.

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against because of requesting or taking the leave, or you are refused accommodation, then you can consider legal claims.

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 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 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'. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider. Being out sick with minor illness or injury does not fall within the protections.

If your employer has a policy requiring they hold your job for you for a specific period of time while on disability, longer than the FMLA / CFRA rules provide, that is enforceable.

If you are out longer than those guarantees, they can fire you, unless the disability rules apply.

When you are released to return to work, IF within the leave time limits, an employer is not allowed to "discriminate" against a legally defined "disability" by any adverse employment action like termination, demotion, harassment, hostile environment, etc. An employer is obligated to provide 'REASONABLE' accommodation of a disability upon proper medical certification of your disability and specific medical requirements necessary to accommodate you, IF accommodation can be done without substantial burden to the company, and IF such accommodation will allow you to still perform ALL the essential functions of your job. Violation and failure to accommodate is grounds for a lawsuit. Every case is determined upon its merits and all the facts. If you think you can prove they failed to do so under those rules, feel free to contact me.

Overriding those stated protections, just because you are on leave does not mean you can�t be terminated. You have no special exemption against lay offs or termination due to business reasons. A company in downsizing can lay off a FMLA / CFRA leave person, as long as they can show they aren�t targeting �because of the leave�. They are simply risking claims if they do.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

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.