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  1. #1

    Question Being Denied to Return to Work Post Medical Leave

    My question involves labor and employment law for the state of: California

    A teacher friend of mine had some cardiac related issues and was put on medical leave for 7 weeks. Upon his date to return, he was told to go to the district office and meet with the asst superintendent of personnel. In that meeting he was told that they decided to replace him with a retired teacher and there were no positions open however, they would give him substitute teaching gigs when available.
    In the past, like years ago, he had some personality conflict with the superintendent, and about 2 years ago he disagreed with school principal's lax attitude regarding a student and some discipline problem. Currently these are not problems and not effecting his teaching and responsibilities. However, the Asst. Superintendent began to highlight that there had been past issues, and proceeded to go on about the bad blood between him and district. Then she informed him that she was authorized to make a financial offer in exchange for his resignation.
    He is in shock- the past conflicts have nothing to do with his time off and should have no bearing on the present.
    Can the school district dig up these old conflicts and use them now without any reason as to why? He had a valid health problem which landed him in ICU for 2 weeks-
    It almost seems as though the district is using his medical leave as opportunity to be retaliatory for old problems that the superintendent apparently still holds a grudge about.
    Based only on the current fact that he went on medical leave, scheduled his return to work and was met with being demoted, then his being asked for his resignation, Is what the district is doing technically legal? What is the law regarding medically necessary time off and returning to work?
    Much thanks for any input!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Being Denied to Return to Work Post Medical Leave

    How long had he worked for that employer at the time he went on leave?

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Being Denied to Return to Work Post Medical Leave

    Was the employee out on FMLA or CFRA leave? Thanks.

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