Legal Question in Employment Law in California

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 medical leave when you are unable to work 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'.

You already acknowledged you "don't have hours for "FMLA", so if you don't qualify for protected leave under the above description, then they are not obligated to return you to work, thus you can be terminated and 'your job posted'.

If you do qualify for protected 12 week leave, and are released by your doctor to return to work within that 12 weeks time limit, then contact me to discuss your legal remedy.