Legal Question in Employment Law in California

The first thing you need to do is discuss this with your union rep. to find out what the leave policies are. The union may have negotiated a longer medical leave policy than what the law calls for.

You also can ask the employer to reasonably accommodate your disability by extending the leave, as long as it does not create an undue hardship on the company. The more certain your return date is, the more likely they will work with you. Leaves for an uncertain time period are more difficult to accommodate. Perhaps there is alternative employment available for you, on a temporary basis. If you are qualified to perform other work, the company should attempt to find such a job for you..

Unfortunately, if your condition becomes aggravated and you are unable to return to work, at some point the employer will have to make the decision to let you go. The only guarantee for job security falls within the 12 weeks under the FMLA. After that, it becomes an issue of "reasonable accommodation", which varies from case to case.

Consult with an employment law attorney, if you wish to get specific advice for your situation.

If you are in a union, the CBA determines your rights.

If not, then the law provides:

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. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.

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.