Legal Question in Employment Law in California

Re: short term disability

If your employer has 50 or more employees, then you are entitled to take 12 weeks of medical leave and have a right to return to your position or a similar position upon return. The fact that you were replaced sounds like it could be retaliation. If they have less than 50 employees, depending on the injury, the employer should provide a reasonable accommodation via a leave of absence and allow you to come back to work. Otherwise, it could be a disability discrimination claim. Either way, sounds like it is unlawful conduct by your employer. If you would like more information, feel free to contact me.

Re: short term disability

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 the employee is 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.

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 violate those rules, contact me for the legal help you'll need.