Legal Question in Employment Law in California

I had a baby recently who has a rare disease which requires around the clock care so I cannot go back to work as I originally planned. This is a disease that resolves over time so I notified my employer that I was unsure that I would be able to return on the original projected date of return to work. My employer replied that they would consider this my resignation, however I believe that the employer should be responsible for the termination as this would affect my eligibility for unemployment benefits should I be able to work in the near future but cannot find work. Can my employer force me to resign or should they be responsible for the termination? I live in the state of California.

Asked on 6/21/13, 7:02 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If you don't return to work at the end of your legally protected leave, it IS a resignation. If they agree to call it a lay off or termination for other than misconduct, it would be a courtesy they are giving you to allow unemployment benefits. BUT, if you aren't released to return to work, you don't qualify for unemployment benefits. You may qualify for state disability though. Ask your doctor.

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Answered on 6/25/13, 2:27 pm


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