Legal Question in Employment Law in California

As a starting point: 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 because of a �SERIOUS health condition� [that is properly confirmed and documented by your doctor], continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. Being in rehab is an indication of serious health condition, which should qualify you. If you are, or will be, out more than 12 weeks, then it doesn't matter under FMLA. You could be fired then.

Under ADA rules, you are protected from 'discrimination' like termination if the rehab and your 'condition' qualify as a 'disability'. The ADA rules are broadly interpreted, and my argument would be that you qualify. However, the fact that this was an approved leave requires some explanation why they terminated you. Their reasons have to be factored into this.

If your been terminated, and if you're serious about pursuing this, feel free to contact me.