Legal Question in Employment Law in California

Is it legal to terminate an employees job after being on Short Term Disability when the Employee was unaware of the 12 week FMLA Law. The Short Term Disablility will last longer the the FMLA. The Short Term Disability is for 26 weeks. I've been on my Job for 12 years, will I lose my Severance if I'm let go. What are my rights?


Asked on 6/10/10, 4:34 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

As you seem to know, the FMLA only protects eligible employees' jobs for up to 12 weeks. Beyond that, it is a question of whether the employer may be able to reasonably accommodate an employee with a qualified disability by extending the leave or providing some other form of accommodation, as long as the accommodation does not create an undue hardship on the employer. Many factors must be considered, such as the size and financial strength of the company, the nature of the disability and length of the requested extension, the effect an extension may have on co-workers, company policy and practice, to name a few.

The most important thing is to initiate a dialogue with the employer, ususually through HR, to request an accommodation and explore what, if anything the employer may be able to do for you. If you believe they are not being reasonable, you should consult with an experienced employment law attorney in your area, to discuss your legal rights and options.

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Answered on 6/11/10, 10:23 am


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