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reclassified while on disability California

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  • reclassified while on disability California

    I was diagnosed with stage IV non Hodgkins lymphoma 1/08 and began 9 months of chemotherapy in 2/08. I held a fulltime positon at that time. In 5/08 I was contacted by my nurse manager regarding my medical leave of absence being " in excess of the 4 months allowed by policy" and the necessity to fill my position. I tolod her that I was still under therapy and my doctor wouldn't be releasing me until a much later date. We agreed that I would be reclassified from full time to oncall. I was released to return to work 1/09 after confirmation that I was in remission.
    Upon being cleared to return to work by Employee Health I went to my manager to discuss my return. I was shocked to be laid off because they did not need an on call employee. I feel that I was treated unfairly and with some discrimination because I was told that being reclassified would benefit me and I have seen other people be off for 10 months and 11 months for conditions that are far less devastating than mine, specifically ankle injuries in both cases. These employees were at another facility but it has given me casue to rethink what happened to me. I am happy to say that I was able to secure a job quickly, however,the job I have is only 4 days per pay period and I am struggling financially, I do not have healthcare benefits at a time I need them most and I am beyond stressed as a result of all of this.
    Is there any recourse for me?

  • #2
    Unless there is internal policy of your employER, there is little job protection beyond FMLA, unpaid leave. FMLA provides up to 12 weeks/annum of protection of your job, and ER provided benefits. (hence the ''4 months'' presumably)
    I have seen other people be off for 10 months and 11 months for conditions that are far less devastating than mine, specifically ankle injuries in both cases.
    It's difficult to make comparisions between the injury of another and your own...all situations vary so wildly...those others could have been Workers Compensation claims.... not that there is actual job protection with a comp claim, but there are specific mandates, by law, the ER must conform to when the IW is returned to work.

    It is very...very difficult to prove job discrimination, particularly in the Calif atmosphere of employEE friendliness....and costly.

    The info here provides some info that may pertain to your situation...even though there is discussion about WC... you would still be protected by Calif FEHA and ADA rules....these still don't provide job protection beyond the FMLA provisions.


    • #3
      There is always the possibility that your employer could have accommodated you by extending your leave of absence. This can be a reasonable accommodation under the FEHA/ADA. However, it is always determined on a case by case basis so it's difficult to say whether in this case, an extended leave would have been reasonable.

      You can file a complaint with the Department of Fair Employment and Housing and let them investigate your claim to determine whether a violation occurred.


      • #4
        I would go ahead & file the complaint & let them investigate. However, you did go quite some time beyond the 4 mos. allowed by policy. As Endeavor noted, each case is considered on a case by case basis.
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