Legal Question in Employment Law in California

I was put on administrative leave with pay yesterday until further notice. My psychologist put me on stress leave until Nov 1 2009. My doctor filled out the disability paper work faxed the letter to my HR. In addition we mailed the disability paperwork today. Since they have put me on administrative leave with pay. What happens now? Are they now obligated to give me my full pay until November?


Asked on 8/26/09, 9:48 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Nice try, but no. Your employer need only keep you on leave with pay for as long as they would have had you not gone on disability. Going on disability leave does not give employees any special rights. It only means an employer cannot discriminate against an employee because of their disability. If this employer was going to terminate or discipline you for the reason they put you on leave, it can still do so, as long as your disability was not a factor in their decision.

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Answered on 8/27/09, 12:45 pm


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