California  |  Medical Leave

Re: Being Layoff While on Stress leave.

You questions clearly indicate you need to discuss your situation with an attorney because there is no way to adequately respond in this forum. There are various laws that may come into play here, such as the medical family leave act, disability laws and workers compensation regulations. Whether you qualify for protection under any of these laws depends on many factors. These factors will also determine whether the offer of 11 weeks pay is reasonable or not. Contact an employment law attorney in your area to discuss your situation in detail.

Re: Being Layoff While on Stress leave.

Is your strees related to work?

you may have work comp rights, if you are in Southern California contact my office.

Re: Being Layoff While on Stress leave.

This is actually a more involved question than it appears. Basically, the issue is whether this is a bona fide lay-off that would have occurred in your particular case independently of your leave. If the lay-off is a smoke screen to discriminate against you because of your use of FMLA, or if it is a way of escaping a likely need to accommodate a known disability, or if the stress and leave were themselves caused by illegal discrimination and harassment, you may have legal rights for damages. However, the ultimate duty of the employer is to treat you no differently because you have a disability or because you are using FMLA. You are not given special immunity from lay-off if those factors play no part in the decision to terminate. http://www.employee-rights-atty.com