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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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On July 2, 2011 I fell at home and broke my ankle, requiring

Resolved Question:

On July 2, 2011 I fell at home and broke my ankle, requiring surgery. I have been off work since then and am now on disability, scheduled to return to work on 10/24/11. My position at work is "Lead", fulltime 40 hrs per week, with one part-time employee also. After my injury my company hired an outside person fulltime, took the "Lead" title away from me and gave it to her. They also cut my rate of pay by $1.50 since I am no longer the "Lead".Now that I am ready to go back to work, they have told me that when I return to work, my hours will be cut to part-time, 3 days a week, on an "as needed basis". They say that there is not enough work to support 2 full time employees and one part-time, and that is why my hours have been cut to part time and they will be keeping the new hire on as full time.
My question is: If I am out on medical leave and disability, can my employer demote me, make me take a pay cut and cut my hours? It is my understanding that if I am out on disability that they have to keep me in my current position and rate of pay until I return to work. Is this true? Do I have any recourse in a situation such as this?
Thank you for your time and any suggestions you have will be greatly appreciated.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

You have exceeded 12 weeks of leave time off, correct?

Customer: replied 5 years ago.
Yes I have exceeded 12 weeks leave, but I used my paid vacation days for the first 7 weeks of my leave and then filed for disability on 8/22/11. I have been on disability since 9/5/11. Does this affect the 12 weeksleave rule?
Expert:  Tina replied 5 years ago.
Yes. Under state and federal law, your job is protected and you are protected from retaliation for up to 12 weeks typically.

Once you exceed that amount of time, the employer may legally change the terms of your employment and even terminate your employment unfortunately since there is nothing compelling them to retain you.

Unfortunately, it appears that you would not have recourse in this situation since you have exceeded the maximum amount of leave permitted. I'm sorry.

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