Legal Question in Employment Law in California
medical leave and employment contract
After a few months of starting a new job in which I have a 1-yr signed employment contract I went on maternity leave followed by medical leave due to injury from an auto accident durming my pregnancy, does this put my signed employment contract on hold? Can I legally resign at the 1-yr aniversary of my contract despit having been on medical leave during a portion of this 1-yr contract?
1 Answer from Attorneys
Re: medical leave and employment contract
Generally, the terms of the contract will control how it will terminate. However, if the contract provides no language that addresses the current situation, then the labor code will control.
The labor code provides that contracts for employment for a specified period of time can be terminated by reason of "willful misconduct, habitual neglect, or continued incapacity to perform." Your pregnancy coupled with your medical leave could be construed as incapacity. However, you should have your individual situation of evaluated by an employment law attorney in your local geographic area who can review your written contract and give you further guidance consistent with your goals.
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