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Discharged During Medical Disabilty Leave California

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  • Discharged During Medical Disabilty Leave California

    Can an employer terminate you while you are out on a non-work related injury?

  • #2
    Based solely on the limited information on your post, yes. It is not inherently illegal for an employee to have their employment terminated while on medical leave in any state.

    However, you'll have to provide considerably more detail before we can give you anything more than that. While it is not inherently illegal, there are circumstances where it would not be legal. If you want an answer more geared to your situation, you'll have to tell us what your situation is.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      The reason I was asking is that my dr wants to take me back out of work and put me on disability because of some issues I'm having with pain and swelling because of my injury. I've avoided it because I've been told that my employer can but doesn't have to hold my job and as it is I'm already on a restricted work load being that I can't put any weight on my foot at all.
      I broke my foot on a rest period stepping off of a curb.

      We have more than 50 people working for our company but we have other locations in different cities. So under 50 at our location.

      Comment


      • #4
        How many within 75 miles of your location? How long have you worked for the employer? How much time have you already missed? Does the injury meet California's definition of a disability under the ADA (which is different than the Federal definition)?
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          I was out from June 1st -June 23rd and I have worked there since Jan 2007.
          There are no locations within 75 miles of the one I work at.

          I am not sure if the injury meets California's definition of a disability under the ADA.

          Thank you

          Comment


          • #6
            So there are less than 50 employees within a 75 mile radius?
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Yes that is correct.

              Comment


              • #8
                The link to the definition of a disability on the CA website is broken, so I don't know either. What I can tell you is that UNLESS your injury meets that definition AND a REASONABLE accomodation (which we cannot say from here) would be to allow you additional leave, you can be legally terminated since FMLA does not apply.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  Maybe this link will help you re Ca. definition of disability.

                  http://www.jan.wvu.edu/corner/vol01iss08.htm
                  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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                  • #10
                    I would say most likely you have a condition that would fit within the definition of disability. The harder question is whether a leave of absence would be a reasonable accommodation for your disability, given that CFRA does not apply. We would have to know more about your employer...it's size, how long the LOA would run, whether the employer has granted LOAs for other employees, what its policy is for medical leaves, etc.

                    You could ask your employer to grant you a LOA as an accommodation for your disability. This would at least (hopefully) trigger the interactive process so that an accommodation, if any, could be determined.

                    Comment

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