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CALIFORIA..being let go due to inability to work full time California

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  • CALIFORIA..being let go due to inability to work full time California

    Hi all,
    had a baby in July and was supposed to return to work after 8 weeks. That did not happen as doctors would not release me for full time and was only allowed to work part time hours...fast forward to today...still not released to work full time and my HR lady told me that they cannot continue with this part time and after 1/11/2010 if I dont return full time they will release me.

    Can they do this? I dont know when I will be able to work full time in the office again but is this not discrimination?

    In any case am I entitled to anything? Severance etc. Should I be asking for something? ie: benefits payments etc..

    Thanks
    Debbie in California

  • #2
    Was this FMLA leave?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      no Patty, unfortunately I didnt have enough time with the company for FMLA

      Comment


      • #4
        OK, then as long as the employer has at least 5 employees total, you need only be treated the same as any other similarly situated employee who needed the same amount of time off for a non-pregnancy related medica leave.

        Sorry, but I don't see severance in the cards here. Severance is normally only offered when employees are terminated through no fault of their own, such as an office closing, a mass layoff, or a position elimination OR the employer wants to avoid a law suit for wrongful termination. Unfortunately, right now, unless the above paragraph would not apply, I don't see that your termination would be illegal. You've missed 8 weeks plus two more months at part-time and for someone who has been there less than a year, that's a lot of time. I understand it isn't your fault, but neither is it the employer's fault.

        Once you are released for full-time work, you should file for unemployment benefits.

        Sorry I don't have better news.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Thank you for your candor, much appreciated

          Comment


          • #6
            If your doctor has not released you because of issues with your pregnancy you are still protected under pregnancy disability leave. You are entitled to up to 4 months of PDL which can be taken part time. You need to figure out how much time you've been off including your part time work. If you haven't exhausted 4 months total they are required to hold your job and allow part time work until you exhaust 4 months.

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            • #7
              Right, endeavor, but PDL doesn't provide job protection, does it?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Yes, it does.

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                • #9
                  Originally posted by Endeavor View Post
                  Yes, it does.
                  I should SO know better and leave CA maternity leave issues to you.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    PDL, (FMLA/CFRA when they apply) all provide job protected leave. SDI, (PFL when it applies) are not leaves but just provide income while on leave.
                    Last edited by Betty3; 01-05-2010, 08:04 AM.
                    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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                    • #11
                      now I am totally confused.
                      WHen does the PDL time start counting?

                      I retured to work part time (doctor ordered) in Sept working only 8 hours per week since then

                      I exhausted my STD benefits and they denied my LTD benefits because the pregnancy was a PEC (pre-existing condition)

                      My company sent me an email stating that they will give me until next week Monday to come back full time...otherwise CHOP CHOP CHOP.

                      Comment


                      • #12
                        How many hours per week did you work previous to your pregnancy? Were you out prior to giving birth?

                        Is this a permanent disability, or at least something expected to last for an extended period of time or more of a short term thing (realizing that any condition lasting ths long isn't terribly short term)? Has your doctor given any indication of when you might return to FT work?
                        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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                        • #13
                          Thanks Elle

                          How many hours per week did you work previous to your pregnancy?
                          Full TIme 40+ hours per week

                          Were you out prior to giving birth?
                          I took the week before I gave birth off (use my personal vacation/sick time)

                          Is this a permanent disability, or at least something expected to last for an extended period of time or more of a short term thing (realizing that any condition lasting ths long isn't terribly short term)?

                          May probably last until April (therapy is working)


                          I have been getting paid 30% of my regular salary now that I have been only working 9 hours a weekHas your doctor given any indication of when you might return to FT work?

                          April timeframe
                          Last edited by calimomma; 01-05-2010, 08:53 AM. Reason: forgot items

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                          • #14
                            OP, sorry I misled you. My answer would have been correct in any other state but CA.
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                            • #15
                              Notice how I carefully never answer this type of question, especially for CA.

                              There are a whole bunch of subjects that I know just enough to give bad answers. This is one of them.
                              "Reality is that which, when you stop believing in it, doesn't go away".
                              Philip K. **** (1928-1982)

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