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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37818
Experience:  Retired (mostly)
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I am currently on a leave of absence from work and receiving

Customer Question

I am currently on a leave of absence from work and receiving disability from the state of california, my employer insists that I have exhausted my FMLV time and says that I am on a personal leave and telling me that my job may not be there anymore. Am I on disability leave or personal leave?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
FMLA (CFRA in California) provides a maximum of 12 weeks of job protection. After the 12 weeks of leave is exhausted, the employee must work for another 12 months and 1,250 hours for the employer before accruing any additional FMLA benefits.

The issue of disability or personal leave is irrelevant, because no matter what the basis of leave may be, if the employee has exhausted all FMLA/CFRA benefits, then the employer can terminate the employee while on leave.

Hope this helps.

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