My sister has had 2 back surgery's in the last year. The most recent one she has been out on disability for the last 12 weeks. Yesterday her employer informed her that she was fired and that her insurance will end at the end of the month(10/31/04). She works for a naval hospital. She is not in the military or civil service. The work that she does is contracted out.

What legal action can she take against her former employer? She is in California. Needs help....dont know what direction to go in.

Was she eligible for the federal and California Family Medical Leave Act? You can read more about the laws at: http://www.dol.gov/esa/programs/whd/state/fmla/ca.htm

If she was eligible and her employer is required to comply, was she given information about the leave? If not, she may have a case to force her employer to retain her.

On the other hand, if she wasn't eligible or her employer is not required to comply, then is she being singled out/treated differently than other employees who are a different age, national origin, disability (if she truly has a disability), pregnancy status, race, religion, gender, sexual orientation or any other status protected by federal, state and local law? You can read more about federal discrimination laws at www.eeoc.gov (http://www.eeoc.gov). California's discrimination laws may be found at: http://www.dfeh.ca.gov/questionsEmp.asp

If it isn't discriminatory and if she is not eligible for the legally required leave, then she may not have a case. Employers may legally terminate a person who is overextended on leave as long as they are not discriminatory.

Let me know if you have any other questions.