California | Disability Law
Legal Question
do I loose my status when I return to work from full time to part time even though I have no limitations?
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Legal Answer
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Read More Answered By: Terry A. Nelson |
If this is a WCAB matter, then you need to seek advice in that area. The following info applies to NON WCAB claims and leaves.
If your CA employer has at least 50 employees, and you are employed for at least 12 months and have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA medical leave when you are unable to work [or must care for an immediate family member] because of a ‘SERIOUS health condition’ [that is properly confirmed and documented by the doctor], continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.
If you are out longer than those guarantees, they can terminate you, or treat your return as a 'new hire' with no protection of old position.
That would mean you are entitled to return to full time, and not be reduced to part time. Now, if they violated those rules, contact me for the legal help you'll need. |
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