Legal Question in Medical Leave in California

Leave of absent or FMLA

My doctor put me off work for a non industrial knee injury. I have filed for temp S.D.I. I just recieved a letter from my employer saying that they are counting this time off as FMLA. This has never been done in the past with this company. My employer has 900 employees. In the past it has always been a Leave of absent and couldn't exceed 24 months. Now they tell me only 12 weeks of FMLA. What if I dont heal before that? Is it an LOA or FMLA?

THANK YOU In advance


Asked on 1/17/02, 12:36 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Leave of absent or FMLA

State and federal law only requires an employer to keep your job open for up to 12 weeks. After that, it is a matter of company policy.

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Answered on 1/20/02, 7:56 pm


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