Legal Question in Employment Law in California

Wrongfull termination while on medical leave

My issue is work related. I was out on medical leave for a about 2 months when I called to inform my supervisor of my intention to return to work and I was told that I no longer had a job. They are telling me that I abandoned my job and are not eligible to return. On 1/30/03 I suffered a work related injury to my right wrist that is now fine and I have been cleared to return, but less than a week after this date I came down with mononucleosis (mono) which caused me to be incapacitated for some time. A short while after this time (around mid Feb of 2003) I tried to return to work thinking I was ok, but was not allowed with out a doctors note stating that I was ''completely not contagious and recovered''. When a doctor was consulted they said that a specific time line or date was impossible to give do to the nature of the illness. Shortly after however I relapsed briefly and was in a physically weaken state. On 3/06/2003 I consulted with my doctor and was given a timeline that ended on 3/31/2003 with 4/1/2003 being my effective return date to work. Thank you in advance for your time and advice.


Asked on 4/01/03, 1:56 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Wrongfull termination while on medical leave

You may have a decent case. Call my office at 949-566-0050.

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Answered on 4/02/03, 3:01 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Wrongfull termination while on medical leave

Under the California Family Rights Act and the Family Medical Leave Act, employees are permitted to take up to 12 weeks off for a serious illness if they have been employed on a full-time basis for at least one year and the company employs at least 50 employees within 75 miles. However, communication is an important aspect of the law and you have not addressed whether whether you asked for such leave or if it was offered.

You may have the basis for a claim but you should review the facts with a labor law attorney in your area or contact the Department of Fair Employment and Housing within one year of your termination.

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Answered on 4/02/03, 10:37 pm


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