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Fired after Disability leave California

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  • Fired after Disability leave California

    I am located in California, Currently I am taking 6 weeks SDI however my employer has stated I do not qualify for FMLA because there is not 50 employees within 75 miles and I do not have job protection. The question:Can I apply for unemployment after my Doctor clears me to go back to work if my job does not hire me back?

  • #2
    Absolutely you can.
    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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    • #3
      This is very much NOT my area of expertise, but FMLA is federal, and CA has it's own program. I am not saying for certain that CFRA has better rules (for you) then the federal FMLA, but I will say that it is a possibility.

      http://www.employeradvice.com/lp/pdf...ACFRAGuide.pdf
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        FMLA & CFRA do both require that you work at a location with 50 or more
        employees within a 75 mile radius of your work location. (50 or more employees
        for at least 20 or more workweeks in the current or preceding yr. - fmla & cfra)
        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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        • #5
          If your employer has 5 or more employees, you DO have job protected leave in CA under Pregnancy Disability Leave. This entitles you to up to 4 months of leave for actual disability. Your employer must reinstate you to the same position after you are cleared to return to work. If your employer does not grant you this leave and terminates you, you should certainly file a complaint with the Department of Fair Employment and Housing.

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          • #6
            This is not maternity related per the other posts so PDL would not apply.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #7
              Ah, well in that case there is the issue of reasonable accommodation and whether a LOA should be granted.

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              • #8
                Per prior thread OP was on 2 weeks leave but wants/needs another 2 weeks. OP
                also admitted to being late to work every day.
                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


                • #9
                  I am locking this thread, not because the OP has done anything wrong but because it has become a spam magnet. I have now cleared spam off the bottom of this thread three times. If the OP has any more questions, she can either start a new thread or PM me and I will open it for her, but once it's gotten into the sights of the spammers, it's only going to get worse. So this thread is officially ended.
                  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.

                  Comment

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