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SDI California extension

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  • SDI California extension

    Employed 11 months. Had surgical procedure with 12 week recovery. Surgeon extended recovery time an additional 8 weeks. Can my employer
    lay me off citing lack of work or workforce reduction as the reason even though I am disabled? I am a senior manager but an at-will employee. Thanks.

  • #2
    Being on medical leave or collecting disability benefits does not guarantee you permanent employment. If your job is one that would have been eliminated or downsized regardless of your surgery, the fact that you are currently collecting disability does not mean that you are now layoff proof and that someone else, who otherwise would have been retained, loses their job instead.

    However, you cannot be selected for layoff BECAUSE you are on medical leave.
    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.


    • #3
      CGB is entirely correct but if you have only been there 11 months, your employer isn't obligated to offer you any specific amount of time off with job protection. The longest an employer has to hold your job, if you qualify, is 12 weeks and it has been over that. Even then if you would have been laid off, you can still be let go.
      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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