Legal Question in Employment Law in California

I have been off work for 3 months. 2 months into my medical leave, my doctor stated I could go back to work on restrictions, meaning i could only lift up to 20lbs. My work denied my coming back until i was fully recovered at 100%. I ask them to give me anything they have, since were i work we do have task that do not require heavy lifting they declined. Therefore work put me off another month in hopes i would be able to come back at 100% better. Currently I am still having heart procedures done, and check ups, however my benefits will end at the end of this month, and i will not be able to pay for cobra, not sure what else to do. (also my disability has ended as well, no money)

I have never been offered any type of modified duty, and i have expressed my willingness to take anything they have. My biggest concern, is not having insurance for the rest of procedures....i feel i am at the end of my rope..


Asked on 7/12/10, 10:56 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If your CA employer has at least 50 employees, and you are employed for at least 12 months, 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 [or must care for an immediate family member] because of a �SERIOUS health condition� [that is properly confirmed and documented by your doctor], continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The employer can require you to apply any accrued vacation or other leaves to that time so that you would be paid during that

The question of return to 'limited/modified duty' is case and fact dependent. The company can refuse for valid safety [theirs and yours] reasons, and for lack of suitable positions. If you can show actual suitable positions available that your doctor cleared you for, then you can 'argue' your case with them. You can consider hiring counsel to help in that. If and when you are terminated, you can consider a claim of FMLA violation. If you think you qualify to make the argument or bring a claim, then feel free to contact me.

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Answered on 7/12/10, 3:01 pm


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