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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34884
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Hello, I was on FMLA due to surgery in the beginning of this

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I was on FMLA due to surgery in the beginning of this year. The day that I went back to work, which was earlier that expected, my boss began belittling me and giving me a really hard time telling me that she expected me to be 100% (Among other things). Ever since she has been bullying me to the point of severe stress that I had to take another leave.

My question is, can I use all my remaining FMLA, go back and resign my position? Or will they make me pay back my benefits while I was on leave? Would it be wiser to not go back at all? At this point, I have already discussed with my doctors that it would not be wise to return to this environment due to my health.

Thank you very much.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You are free to use the reminder of your FMLA time/benefits and then either not return, or return and try it again---and if it is not working out you can tell them that you quit. You won't be obligated to repay any benefits paid you during your FMLA leave period in either circumstance.

Whether you ever return is entirely up to you. If you are out on stress, consider speaking with a CA Workers' Compensation attorney about a stress claim as well.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

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