Legal Question in Employment Law in California

In the state of California, I have been released from disability and able to return to work, how long does my employer have to place me back at work?

Asked on 1/16/13, 10:53 am

2 Answers from Attorneys


As soon as they can find modified work for you based on your restrictions. But many employers will play games and they just simply don't give you work and lie to you. Then you need to go back on disability. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 1/16/13, 7:09 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'. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.

If you are legally entitled to be returned to work under those rules, the employer must do so 'reasonably'.

Now, if they violate those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.

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Answered on 1/17/13, 12:01 am

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