Legal Question in Employment Law in California

Termination of employment

I was injured in a car accident on 7-

19-08. My Dr. says I can return to

work on 11-3-08, but only part-time.

I work as a dental hygienist and

normally work 4 days a week, but

now it is recommended that I work 2

days due to a hip/back injury. The

dentist I work for is telling me that I

need to come back full time, not at

all. It is common practice for

hygienists to work part-time in this

office, and my employer has in the

past and is currently employing a

part-time hygienist. I feel that the

request for part time work at my

office is further validated by that fact

that we do not take a lunch break on

Thursdays, we work straight through

from 8-4 without a scheduled break.

My office manager has lead me to

believe that my time off has not been

a problem for the office, since they

have been able to get a long -term.


Asked on 10/18/08, 10:14 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Termination of employment

You're an "at will" employee. Since this is not a WCAB claim or ADA disability, an employer is subject to FMLA/CFRA rules:

"Employers must have at least 50 employees to be required to provide medical leave under FMLA or its California equivalent, the CFRA. Even then, an employer is only required to permit up to 12 weeks off for a serious illness or injury."

If your employer has 50 people, then you have a right to 4 months of leave, but no right to 'part time' return. Unless you are released to full time employment by the end of four months, the employer doesn't have to allow you to return. Work out a 'deal' with them.

Read more
Answered on 10/21/08, 2:45 pm


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