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Terminated While out on Workers Comp California

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  • Terminated While out on Workers Comp California

    Can an employeer terminated an employee who has been out on workers comp? Do they still only have to hold the job for 12 weeks? What remedy, if any, is there if you are terminated while out on a workers comp injury.

  • #2
    The employer must still hold the job for 12 weeks assuming FMLA otherwise applies. CA is one of the very few states that provides some protection against being terminated while out for a WC injury, however, there are exceptions and the regulations do not totally prohibit an employer from doing so.

    This is something best discussed with legal counsel as the devil is in the details.
    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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