California | Medical Leave
Legal Question
Disability
I have been diabled by my physician, and I am currently exceeding my 90 day medical leave of absence which started 3/2/07. My employer just wrote me a letter that stated the following: As a result we can no longer hold your position open and will consider this a voluntary resignation, effec. 6/1/07based upon the fact that you failed to return from your Leve of Absence. I understand that they are not obligated to hold my position, but can the empoyer consider my continued disability as a voluntary resignation? They had paid me for my accrued vacation and sick leave at the beginning of my sick time. Theyare stating that I am eligable for Cobra, and I will be receiving this in the mail. But, I do not understand why they made the assumption that the ''consider this a voluntary resignation, as my intentionas are to continue to work for them.


