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Threat of termination whiile on disability California

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  • Threat of termination whiile on disability California

    I have been on STD since 9/2012, and my physician has not determined when I will be released to return to work. My employer's disability company opened an FMLA claim in conjunction with my STD claim, and I have recently been notified that it has reached it's maximum. I received a certified letter from my employer's HR department stating I have 7 days to return to work with a letter from my physician stating I am fit for duty or they will assume I have willingly resigned from my position.

    I spoke with my physician and she does not feel I am able to return to work at this time, especially to my former position, as she has been speaking with the HR department regarding accommodations I would need in order to perform my duties and they (or my department heads) are unwilling to make the accommodations stating it will cause to great of an interruption to the business flow.

    I am not willing to "voluntarily resign from my position" as I know I will most likely be unable to collect UI if needed after my STD runs out, however can I refuse to resign and can they legally terminate me if I am unable to return to work with clearance from my physician?

  • #2
    FMLA only provides 12 weeks of job-protected leave so, if you have exceeded the 12 weeks to which you are entitled, the employer can lawfully terminate your employment. Whether a reasonable accommodation under ADA is available is very fact specific and the law does provide that the employer does not have to offer one that is unduly extensive or disruptive. Whether additional leave in excess of FMLA is a reasonable accommodation is also fact specific. Whether you can collect UI after your STD runs out depends on whether you have are medically able to return to work.
    I am not able to respond to private messages. Thanks!

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    • #3
      Originally posted by Char0218 View Post
      however can I refuse to resign and can they legally terminate me if I am unable to return to work with clearance from my physician?
      Yes, you can refuse to resign & they can legally terminate you since your job protected FMLA leave has expired & if an ADA accommodation is not reasonable.
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