Legal Question in Employment Law in California

job protected leave

I am planning to returning to work after being off for 5 months due to an injury, I have provided my employer with notices from my doctor excusing me for the whole perion and notices were given in advance. My employer which is a large national bank can not give me a schedule to return to and is saying that my leave was not protected because of a letter they sent me that I never received. Although, they have had letters from my doctor with his name, address, and phone number to contact about any questions they had of my leave. They did not contact me on sent me another notice. Today I spoke to the representative from my work and it was a letter about benefit pay and nothing to do with ''job protected leave'' SHould I just return to work at my regular scheduled time with the letter from my doctor? and what if they tell me to go home? All because of a letter I never received. Thanks for your time.


Asked on 8/05/05, 4:42 pm

2 Answers from Attorneys
Patrick Turner Patrick E. Turner Inc. APLC

Re: job protected leave

Both California and federal law require an employer to keep a qualified employee's position open for a period of up to 12 weeks during a medical or family leave. After the 12 week period, the employer is no longer required to keep the position open and can either terminate the employee or put them in an available position once they return. Since you've been gone for five months, you may have exhausted the 12 week protection. However, there are other factors to consider such as the employer's actual policy language, the reason for your leave, etc.. Contact an employee rights attorney in your area review the details of your situation, or contact California's Department of Fair Employment and Housing.

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Answered on 8/10/05, 6:54 pm
Terry A. Nelson Nelson & Lawless

Re: job protected leave

Unless you got an agreement before you left to allow you that much protected leave from your employer, or unless the company written policies allowed and guaranteed that length leave, you are not likely to get your job back unless the company wants to hire you back. It sounds like the letter was a termination notice at the end of 12 weeks. IF you have anything showing you are 'entitled' to return to work, feel free to contact me to discuss what can be done.

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Answered on 8/10/05, 7:46 pm


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