Looks like the original question must not have been forwarded to you. Here's the situation: we are a small optometry office (owned by 2 doctors) with 3 FT and 2 PT staff. In November, one of the FT staff took leave to have a surgery on her hand (not work related). Was supposed to be 5-6 weeks, then changed to over 12 weeks. We need to hire and train a PT person. Once the regular staff wants to return, are we obligated to give her FT with benefits? What if we like the new person better or only want the former FT person for PT instead? This FT person who left wasn't our best person anyway and now we're thinking this could be a way to improve things in the office.
Thank you for your help and the references to the Labor Code and FMLA/CFRA. Your response was very quick and informative. In contrast, I am still playing phone tag with a possible referral I called four days ago!
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