Legal Question in Employment Law in California

Re: Release while on medical leave

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

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�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you are out longer than those guarantees, they can fire you.

IF you qualify as a 'disabled' person under ADA rules, they are required to 'reasonably' accommodate your permanent disability and work restrictions if that is possible, and not terminate you or discriminate against you.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Now, if they violated those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.

Re: Release while on medical leave

Because your injury is work-related you are entitled to worker's compensation benefits even after your termination. You are entitled to temporary disability benefits because your employer could not accommodate your restriction. You are also entitled to a settlement for permanent disability and future medical and vocational rehabilitation. Because they terminated while on disability you should file a petition for penalty under labor code 132 (a). You probably need to change your treating doctor too in order to immediately apply for your temporary disability benefits. Feel free to call at 213.388.7070 for a free consultation.