Legal Question in Employment Law in California

I've worked for my company 6+ years without medical/health benefits and hold a position as a Director. I am now out on medical leave, should they continue to pay my full salary while I am out?


Asked on 5/05/10, 4:02 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

There is no law that requires employers to pay an employee's salary while they are out on medical leave. Some companies provide short term disability insurance for this purpose. But providing such plans are optional. At best, you may be able to exhaust any accrued sick pay or vacation time you may have.

You can also check to see if you are eligible for state disability insurance through the EDD.

Read more
Answered on 5/10/10, 4:10 pm
Terry A. Nelson Nelson & Lawless

If the company written policies and handbook, or your actual employment contract if you have one, require that, then you can enforce whatever rights they provide for. Otherwise, you could apply for Disability insurance from the employer if they have any, or for state Disability payments.

Read more
Answered on 5/10/10, 5:09 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California