Legal Question in Medical Leave in California

Probationary period

I took FMLA while I was on an 18 month probationary period after one yr. of service. I used 12 days of PAID sick leave, which is required by the SF Sheriffs dept.. When I returned to work my probationary period was extended for 12 days. Is this protected under FMLA laws and should not be counted against me?


Asked on 5/20/02, 2:11 pm

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

Re: Probationary period

The employer's obligation under FMLA is to permit you to return to your job, without loss of benefits or suffering any penalty. However, you still are subject to the same conditions of employment you were subject to before you left. A probationary period is intended to allow you to prove yourself on the job. It is hard to do that while out on medical leave. Yes, I believe they can do that.

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Answered on 5/21/02, 12:06 pm


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