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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I have an employee that has been out (not work related illness)

Resolved Question:

I have an employee that has been out (not work related illness) disability since May 30,2011 and intermittently up till Nov 16 2011 and has not worked since that date. I have received emails "some threatening" regarding her "comparable" job and does she have full 8 hour job upon her return. Due to economy there has been restructuring, and the position that she had is only a part time if that, and i do not have anything else for this employee. She is planning to return to work on Monday Feb 6.

My big question is: if I do not have a position for her, what are my options?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

If the employee was out on FMLA leave then you are required to hold the employee's position open if the employee is able to return to work after 12 weeks.

However, if the employee was only working part time, then you are only obglitated to return the employee to part time work after she returns.

If the employee was not out on FMLA leave, or had exhuasted his or her 12 weeks of FMLA leave, then you don't have any obligation to hold the employee's position open and could terminate her prior to her planned return to work.
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