Legal Question in Employment Law in California

a young mother in our church was working at Sam's Club full time for several years and went on disability a year ago. She has finally been released by doctor but is now being told by Sams Club that she no longer has a full time job and needs to reapply for a job which can take up to 90 days. Is this legal?


Asked on 6/22/12, 9:41 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Yes. She had only 3 months protected leave.

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� [that is properly confirmed and documented by the doctor], continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The employer can require you to use all accrued unused vacations and leave[s] as part of the 12 weeks, so as to make that portion 'paid'.

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Answered on 6/24/12, 5:00 pm


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