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not sure if notice is legal California

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  • not sure if notice is legal California

    I work for a major retail Giant I just received a certified letter stating that as of Apr 28 the company will change the FMLA policy for all associates the policy will now roll over every 12 mo. from your hire date or when you come back from your leave it will also change the length from year to 12 weeks during this 12 mo. and if your leave is longer than 12 weeks you can loose your position meaning take a lower paying position or termination, my problem is that I have been on a leave since 1/17/08 and will not be able to come back until I have surgery which is this mo and hopefully return back to work mid Apr but if I have complications then I could be out for up to six mo , my leave is the result of an on the job injury at the store I work at I was also on a leave from 6/26/07 thru 7/31/07, my questions are does the roll over year start on 4/28 or can they include my previous leave?I have called the human resources manager for explaination of this new policy and she could give me no answer to this question or if the policy is the same for on the job injurys at this point in time I do not know if my positions are still mine or if I am terminated because of the state laws of our state and company policies nobody can discuss this with me unless I am on the clock so I am stuck, can someone please helpl me with these questions????

  • #2
    Going to a rolling calendar is perfectly legal.

    No law requires a job to be held for you after 12 weeks regardless of how the injury occured. Now, WC may pay you for far longer, but you don't necessarily have a job to come back to.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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