California | Medical Leave
Legal Question
Fmla
I was told I did not qualify for the Family med leave. I was taken out of work by my Dr for pregnancy complication. but than told i was just under the hours to qualify.If job does not take me back, do i qualify for unemployment when im ready to return to work?
Legal Answer
|
Read More Answered By: Terry A. Nelson |
Re: Fmla If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.
If your CA employer has at least 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, and must allow up to 4 months of unpaid pregnancy leave under FEHA.
If your CA employer has at least 50 employees, and you are employed for at least 12 months, 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/CFRA maternity/medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.
If you qualify for both, you get both. If you are out longer than those guarantees, they can fire you.
Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.
Now, if they violate those rules, contact me for the legal help you'll need.
|
Top Attorneys in CA
Nelson & Lawless
Huntington Beach, CA
Questions Answered: 13885
Last Question Aswered on: 2012-05-25
Law Offices of Michael R. Kirschbaum
Irvine, CA
Questions Answered: 2061
Last Question Aswered on: 2012-05-25
Pavone & Cohen
Encino, CA
Questions Answered: 613
Last Question Aswered on: 2008-03-07
San Diego Law Office
San Diego And Los Angeles, CA
Questions Answered: 593
Last Question Aswered on: 2012-05-23
The Law Office of Arkady Itkin
San Francisco, CA
Questions Answered: 429
Last Question Aswered on: 2012-05-17
Knisbacher Law Offices
San Francisco, CA
Questions Answered: 353
Last Question Aswered on: 2010-05-19
TheCorporateAttorneys.com
San Diego, CA
Questions Answered: 292
Last Question Aswered on: 2012-05-26
Barron Law Corporation
Sacramento, CA
Questions Answered: 95
Last Question Aswered on: 2011-04-17
Cooper & Mora, A Professional Corporation
San Ramon, CA
Questions Answered: 95
Last Question Aswered on: 2009-08-11
Leichter Law Firm, APC
Los Angeles, CA
Questions Answered: 88
Last Question Aswered on: 2012-05-01
Search Questions and Answers


