Legal Question in Employment Law in California

I had apendisitis they perform emergency surgery, 4 weeks I was off

My boss is very upset that I took that long to recover & she is treating me

Very bad & threatening to fire me . Can she do that ? I've been employed for more than a year & I still haven't had my vacation . Sept of 2011 was when I reached 1 year but she said that she only gives the vacation time during June July & August is tha right to wait that long ?

Asked on 3/07/13, 1:59 pm

2 Answers from Attorneys

Depending on a number of factors, your employer may have violated the California Family Rights Act (CFRA) and/or the federal Family Medical Leave Act (FMLA) if your employment is adversely affected because of your medical condition or the fact that you took leave.

You should speak to an experienced California employment law attorney to determine your rights in your specific situation. Feel free to call my firm for a free consultation at (213) 201-9331.

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Answered on 3/07/13, 2:13 pm

Terry A. Nelson Nelson & Lawless

If your CA employer has at least 50 employees, and you are employed for at least 12 months and have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA / CFRA medical leave when you are unable to work because of a ‘SERIOUS health condition’ [that is properly confirmed and documented by the doctor], continuation of any group health benefits, restoration to the same or an equivalent job upon return to work, with any accrued benefits. The employer can require you to use all accrued unused vacations and leave[s] as part of the 12 weeks, so as to make that portion 'paid'. However, being out sick with minor illness or injury does not fall within the protections. Your surgery would be a 'gray area' as to whether it qualifies.

Vacation policy is up to the company, and they are not required to provide any.

If you get fired because of this, or otherwise seriously retaliated against, feel free to contact me to discuss the facts, and your rights and remedies.

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Answered on 3/07/13, 2:32 pm

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