Results 1 to 4 of 4
  1. #1

    Default When Can Your Employer Fire You if You're on Medical Leave

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

    I suffered a bout of episodic depression due to management actions at work and had to go into the hospital for a week as a result. I got out of the hospital and my doctor sent management a letter saying I was under a doctor's care and it was fine for me to go back to work.

    Subsequent to receipt of that letter, management requested a meeting with me before my going back to work. During the meet we discussed the depression. They also informed me they'd learned of two acts of mine taken over the last couple months ago and of which they disapproved. (Either 'act,' in my eyes, is sufficient grounds to fire me.) At the conclusion of the meeting management said, "We'll keep you on the books on a medical leave of absence, and let's meet again in a month and talk about this."

    This coming week is meeting time again, and I'll also have had a follow-up doctor's appointment. But I'm sure the "two acts of mine" referenced above bother them.

    I'd like them to make a decision one way or the other about keeping me. I'd prefer to keep the job -- I love it -- but I can just hear them saying at the conclusion of our next meeting, "Well, let's meet again in another month."
    • Is there any point at which my employer must make a decision about taking me back to work, or can this medical leave of absence go on forever?

    • At what point am I no longer really employed by them? (I'm providing no service to them, and they are not paying me anything. )

    • If I don't 'hang in there' with the medical leave of absence in expectation of being taken back to work at some point, and I file for unemployment insurance, anyone have any idea how my not 'hanging in there' will hurt my chances of being granted the unemployment insurance?


    If these are the wrong questions to ask, please enlighten me. ( And pardon me for seeming to be a bit naive. Perhaps living in the middle of the desert with no other jobs available for 50 miles in either direction may have something to do with it.) THANK YOU.

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

    Default Re: On Medical Leave - at What Point Must They Either Take Me Back or Fire Me

    Is there any point at which my employer must make a decision about taking me back to work, or can this medical leave of absence go on forever? No. Depending on the specifics of your condition and the length of time you have worked for them, there can be a minimum time they must allow, but the law does not impose a maximum leave at which point your employer is mandated to either fire you or return you to work. Theoretically the medical leave COULD go on forever.

    At what point am I no longer really employed by them? (I'm providing no service to them, and they are not paying me anything. ) That's a judgement call. As indicated, theoretically they could keep you on medical leave until the day you die, which means that theoretically you would be employed by them till the day you die. That's really an administrative thing on their part, however, and does not put any restrictions on you. If you are performing no services for them and not being paid, it's up to you to decide when you are "no longer employed" and go looking for other employment.

    If I don't 'hang in there' with the medical leave of absence in expectation of being taken back to work at some point, and I file for unemployment insurance, anyone have any idea how my not 'hanging in there' will hurt my chances of being granted the unemployment insurance? That actually is the wrong question (you told me to tell you). It's not whether you did or did not "hang in there" during the medical leave, but those two acts of yours that by your own admission are valid reasons to fire you. What you should keep in mind, though, is that you cannot get retroactive benefits. So I would recommend filing your claim the first week that you are medically cleared to work but are not working and not earning anything. The DLSE will be in touch with your employer to let them know that you have filed for benefits and ask for their position on the matter. It may force their hand into making a decision. Granted, it may not be a decision you like. But the longer you wait to file for unemployment, the longer it will be before benefits start. Even if we assume you are approved (which is something we can't even guess without knowing what the two acts of yours were), you will not get any benefits for any week prior to the date on which you file your claim.

    Depending on what the two acts were, it may or may not be a good idea for you to post them. I am not asking you to. IF, and it is entirely up to you, you want to either post them or PM them to me, I can give you a guestimate as to the likelihood of your getting approved. If you don't want to, that's fine too.

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: On Medical Leave - at What Point Must They Either Take Me Back or Fire Me

    DLSE isn't for unemployment benefits. EDD is where you go to file a ui claim.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: On Medical Leave - at What Point Must They Either Take Me Back or Fire Me

    You're right, chyvan. Sorry, it's late here. My mistake.

    1. Sponsored Links
       

Similar Threads

  1. Disciplinary Issues: Will Your Employer Fire You Over Public Intoxication
    By summer_breezy in forum Employment and Labor
    Replies: 5
    Last Post: 10-07-2012, 08:17 AM
  2. Background Checks: Can a Former Employer Disclose a Medical Leave of Absence
    By NeedAdvice987 in forum Employment and Labor
    Replies: 2
    Last Post: 09-18-2011, 05:56 PM
  3. Defamation: Ex-Wife Attempting to Have My Employer Fire Me
    By tdamon30 in forum Defamation, Slander And Libel
    Replies: 2
    Last Post: 09-06-2011, 08:55 AM
  4. Medical Issues: Employer Not Following Family Medical Leave Act
    By Browndog113 in forum Employment and Labor
    Replies: 4
    Last Post: 01-19-2009, 05:25 PM
  5. Roommates: Fire Evacuee Family Member Won't Leave
    By HelpMyHome in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-14-2008, 09:26 AM
 
 
Sponsored Links

Legal Help, Information and Resources