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Medical Leave and redeployment decisions California California

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  • Medical Leave and redeployment decisions California California

    My wife has worked for a high tech leader (120k employees worldwide) with a well known name for the past 20 years with excellent performance. In May she went out on on an approved FMLA (we live in CA) after our son tried to commit suicide twice and she finally had a complete break down herself. A week after going out on disability her general manager called her at home to tell her that her position has been eliminated due to a restructure and that she will be placed in "redeployment" - Here's the question: her doctor wants her out of work until at least September. Her employer says that she only has job protection until August 1 and if she does not make her decision (go into the redeployment pool or take immedicate seperation pay) by this date she will lose her any opportunity at the 27 weeks of severace pay. Can they make her make a decision when she is in not capable? This in itself has left her even more depressed. What are her rights?

  • #2
    I'm very sorry for your family's troubles.

    I'm assuming August is when her FMLA leave will be exhausted. The employer is not required to give her an extension because of her mental state. If it is expected that she would not be deemed "capable" of making such a decision, perhaps it may be time to look into guardianship or some type of limited power of attorney where you could make such decisions on her behalf.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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