You shouldn’t have to worry about your job’s security while on medical leave since you should be concentrating on your health. However, the majority of workers in the US (including those in California) are employed on an at-will basis, which implies that, as long as it is legal, they can be fired at any moment for any reason. Anyone who takes a disability-related leave of absence may experience severe anxiety as a result.
If you are worried about wrongful termination during your disability leave, we encourage you to keep reading to learn about your rights. Then contact PLBH at (800) 435-7542 to request a free legal consultation with an employment law attorney.
Medical leave is guaranteed by federal and California law
Medical leave is governed by both federal and state law, as a California employment attorney may clarify. The Family and Medical Leave Act (FMLA) allows eligible employees to take up to twelve (12) weeks of unpaid time off for family and medical reasons every twelve (12) months. The employee’s employment is safe throughout this period. Not every employee is protected by the FMLA. An individual’s employer must employ at least fifty (50) people in order to be eligible (who work within 75 miles of each other). The previous year’s employee must have put in at least 1,250 hours for their firm.
Additionally, some businesses (those with 50 or more employees) are required under the California Family Rights Act (CFRA) to grant eligible employees up to 12 weeks of leave every 12 months for a variety of causes, including an employee’s own significant health condition. Additional leave time is permissible under other California legislation, such as the California Pregnancy Disability Leave.
Your employer must reinstate you to your job or an equivalent job
An employee must be reinstated to the same work or an equivalent employment after taking a leave of absence in accordance with the FMLA. The real employment that an employee held prior to a leave of absence is not guaranteed. However, in terms of compensation, benefits, and other employment requirements, the position must be almost equal (such as shift).
The CFRA similarly guarantees job security for workers when they are on medical leave. They cannot be degraded while on vacation, their compensation cannot be decreased, and if their position is eliminated, a replacement position must be created.
You are not permitted to be dismissed while on leave that is covered by the FMLA or CFRA. You could have a claim against your employer if they do terminate you or conduct another unfavorable employment action. You can collaborate with a knowledgeable California employment attorney to assess whether you have a claim.
Reasonable accommodations must be made
You can ask your employer for reasonable adjustments if you have a handicap so that you can resume working. Your employer must make an effort to provide the reasonable accommodation that would enable you to do your work before letting you go. Your employer cannot fire you if there is a reasonable accommodation (such altering your shift or enabling you to sit while working) that will enable you to execute the crucial duties of your position without putting an excessive burden on your employer.
You might be able to file a claim for wrongful termination if you were dismissed while on disability leave. You may have a claim for handicap discrimination if your employer took additional action against you, such as demoting you, lowering your compensation, or fundamentally altering your position.
At PLBH, we are committed to assisting workers who have experienced workplace discrimination in obtaining justice. Call (800) 435-7542 or send an email to info@plblaw.com to arrange a meeting with a skilled California employment attorney.