Legal Question in Employment Law in California

My employer just let me go as volenteer resign by ups mail. I have been on state disability since last june. Can they do this to me? They have been updated by my doctor the whole time.


Asked on 3/15/12, 1:54 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Yes.

They 'did', didn't they? Plus, if you are non-management UPS you are unionized and 'protected' by that against things management 'can't' do.

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 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. Your union CBA may provide additional time or benefits, so talk to them if you think this violates union protections.

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Answered on 3/16/12, 2:27 pm


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