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betty
12-08-2004, 02:24 PM
I have a question, I am off on disability due to a misscarrage, I will be off for a total of 8 weeks, I been at this company for over two years,it employees over 200 employees. This Company is in California.
I found out through a friend that my position was given to another person, can my employer do this to me?
In the past there were a couple of employees that were gone for around four months and they came back to work to their regular position. I dont understand why and if they want to do this to me and not to the other two that were gone for more time. I think this is discrimination against me.

Please let me know if I have a right to think this way.

LConnell
12-08-2004, 02:38 PM
Potentially. Both federal and California law provides for medical leaves. While the benefits are different (with California providng a greater amount of leave), employees must meet certain qualifications related to the hours worked over the past year plus time with the company. Employees must also comply with the paperwork requirements.

You can read more about the leaves at this website: http://www.dol.gov/esa/programs/whd/state/fmla/ca.htm

betty
12-08-2004, 02:45 PM
I've been with this company for 2 1/2 years,40 hour work weeks plus overtime, paperwork requirments? is this my doctors excuse?

LConnell
12-08-2004, 05:52 PM
Partially. You must also complete the paperwork regarding the leave that would be supplied by your employer. Talk with your employer's HR person (or whomever handles the HR issues) as soon as possible.

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