Legal Question in Employment Law in California

in California, can my employer tell me to apply for unemployment, when I am released from disability and able to return to work with no restrictions. my employer tells me I should do this until a position in my job is available? Is this correct?

Asked on 1/17/13, 5:37 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

If you have exceeded your legally protected leave duration, they have no obligation to take you back. Sounds like you have, and they are giving you sound advice how to survive until and unless they decide to rehire you. They don't have to, and you should both file for unemployment and look for a new job.

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’, continuation of any group health benefits, restoration to the same or an equivalent job upon return to work, with any accrued benefits.

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Answered on 1/17/13, 11:26 am


You may have a chance to apply for disability but you indicated that doctors have given you no restriction. so if you employer is not taking you back due to disability and your restriction you should remain receiving disability benefits. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 1/17/13, 1:03 pm

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