Legal Question in Employment Law in California

injured worker recovering on state disability

I was informed by my supervisor that my position at work is guaranteed for six weeks while on a medical leave due to a prior WC injury, although the leave is currently covered under state disability. I've found information under the Family Medical Leave Act that obligates employers to guarantee positions no longer than 12 wks. Which one applies to me?


Asked on 11/07/00, 12:01 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: injured worker recovering on state disability

A few questions must be answered. Is the W/C injury with the current, or a prior employer? If with a prior employer, has the problem gotten worse while at the current employer? Labor Code Section 132a may provide protection while on a W/C Leave of longer duration. As to the FMLA (or California counterpart - the California Family Rights Act) applies to larger employers and both provide 12 weeks of leave for a serious medical condition.

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Answered on 12/01/00, 3:08 am


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