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Terminated While on Disability Leave California

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  • Terminated While on Disability Leave California

    Hi, my mom was in the hospital and then sub-acute center for 4 months for a neuro-muscular disorder. She was discharged on February. Her employer terminated her either February or March and one of the reasons was my dad did not provide them paperwork that proves she was in the hospital. But they did tell my mom that once she's ready to go back to work that they would take her back. So now my mom is ready and they told her that since they're downsizing, she would have to wait until a position is vacant. Is this legal?

  • #2
    Yes, it's legal. Assuming your mother qualified for leave under the Family and Medical Leave Act, there were certification papers that had to be completed and returned to the employer timely (typically within 15 days.) Even if they did grant your mother FMLA, her employer was only obligated to provide 12 weeks of leave to her; after that, they were no longer required to hold her job.

    If she would have been laid off even if she had been at work, or if they don't have a job for her upon the expiration of her FMLA, or if she didn't qualify for FMLA because the necessary paperwork was never turned in, it's perfectly legal for them not to hire her back because they don't presently have a job for her.

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    • #3
      She would have only been entitled to 12 weeks of job protected leave under FMLA & even while she was on job protected leave, she could have been terminated/laid off if she would have been terminated/laid off had she not been on job protected leave.

      She was out more than 12 weeks & apparently the employer has no current job for
      her.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Just to clarify, there are NO circumstances in any state where the employer is required to create a job within an employee's restrictions, or make up a job in order to hire back an employee.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Thank you so much. I wanted to make sure first...

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          • #6
            You're welcome.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

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