Legal Question in Employment Law in California
Return from medical disability leave
I recently returned to my job after an extended illness. In all, I missed no more than 40 work days. Because of the length of my illness, my company put another employee into my position, which is a management and sales position. The position is salary + commission + override bonus. Now that I am back, my company says that they do not currently have an equivalent position available and have asked me to take a lesser position at a lower rate of pay until a position comes available. What are my rights? Is my company required to pay me at my former rate of pay even if they put me in a lesser position? Could they promote someone ahead of me if a position becomes available?
1 Answer from Attorneys
Re: Return from medical disability leave
The answer depends on whether you requested and were eligible for medical leave under the California Family Rights Act or the Family Medical Leave Act. If so, the employer must allow you to return to the same or similar position. If not, there is no guarantee that your old job will be held open for you.
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