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Doctor is extending my leave; what will happen to my job/disability? (CA) California

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  • Doctor is extending my leave; what will happen to my job/disability? (CA) California

    Hello all,
    First, thanks to everyone for all the work you all put in moderating/assisting with this forum.
    Second, I would like to pose a hypothetical situation to you all. Consider this: hypothetically, a young woman is under treatment for a medical disorder. She does qualify as disabled under CA law (wasn't diagnosed as "disabled" until after her leave began). If her work said at the time of her departure they didn't want to take her back until her dr cleared her, but after a few months of leave her doctor says he still won't clear her for another several months, and her work is starting to get antsy, is she right to be feeling nervous about her position still being there when she's finally cleared?
    Hypothetically speaking, she probably loves her work, and proabbly just wants to know what she may be up against here.

    I may be doing a horrible job of explaining this hypothetical situation, and if so, please let me know. I'll try to explain it better.

  • #2
    " Hypothetically speaking" - based on what you posted, if she qualifies for FMLA or CFRA, she could get up to 12 weeks of *job protected* leave. I am going to assume this is not for a pregnancy related disability.

    We generally do not do hypothetical situations.
    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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    • #3
      I'll scratch the hypothetical portion, and own up to it being me. I'm just overly cautious, I suppose. No, I'm not pregnant. And I've ready been out approx 12 weeks-- my doctor is suggesting it could be another 22 weeks. He can't make it mandatory, as far as I understand, but from what I have seen of my work, and from what I've heard from talking to other employees who have been there far longer than I have, my employer often elects to err on the side of caution. If a doctor suggests that an employee should take a certain amount of time off, then the employer won't let the employee come back before that (to cover their own butts, as far as I understand it, as far as potential future liability is concerned- and not a position I have any trouble understanding).

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      • #4
        An employer doesn't have to allow an employee to come back until the employee gets a release to go back to work from the doctor.

        If you have been out close to 12 weeks & you might need additional time off (possibly up to 22 weeks), your employer does not have to hold your job once the 12 weeks are up. (And you only get 12 weeks of job protected leave if FMLA/CFRA applies)
        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


        • #5
          If you're receiving disability income benefits, they should not stop (that would be rare) even if you are terminated from your job as long as you are still disabled.
          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


          • #6
            Your job is only protected for 12 weeks (assuming FMLA/CFRA applies). Anything above that is negotiable. It isn't guaranteed but your employer always has the options of extending additional time off.

            Another 22 weeks minimum would probably not be considered "reasonable" per ADA. there is no bright line as to what is and is not reasonable but "short" extension have been deemed as such. You are really stretching to call 22+ weeks a short extension. Leave which is uncertain in duration is not considered to be reasonable either.
            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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