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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1798
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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My doctor authorized a medical leave. I have been with my

Resolved Question:

My doctor authorized a medical leave. I have been with my current company for 6 months. I am being told by my companies Human Resources department that because I have not been employed by them for 12 months, I have to get a Leave of Absence approved for this leave and there is no guarantee my job will be available when I come back. I have received conflicting information, for my particular situation is there a separate category for a doctor authorized medical leave or does this fall into FMLA laws?

Please advice!
Julie R. XXX-XXX-XXXX XXX@XXXXXX.XXX
Submitted: 12 months ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 12 months ago.

Employment-LawExpert :

Hi Julie, thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Customer:

hello

Employment-LawExpert :

Unfortunately, the laws which would protect your leave are the CFRA and the FMLA.

Employment-LawExpert :

While there are additional laws which would apply if you were pregnant, those are the two laws applicable to you absent that.

Customer:

What is CFRA? Does it have the same 12 month restriction?

Employment-LawExpert :

The CFRA is the California Family Rights Act and while it gives more protection than the FMLA it does share that same 12 month restriction.

Employment-LawExpert :

Is the leave you need less than a week?

Customer:

yes

Employment-LawExpert :

The only remaining option would be to try to protect yourself under the ADA requesting a reasonable accommodation based on a disability.

Employment-LawExpert :

How long exactly is the leave

Customer:

approximately 3 months

Customer:

but i doubt i would need that long

Employment-LawExpert :

so the leave is more than a week

Customer:

yes it is

Employment-LawExpert :

Unfortunately, while the ADA can be used for short leaves, it cannot be extended more than a week or two even in the most severe of circumstances.

Employment-LawExpert :

Given the facts you have presented, if you need a 3 month leave, that is not for the purpose of giving birth, then your only remaining option would be to get something from the company approving your leave. That being said, depending on what is given to you, you may be able to create a contractual right for them to give you your job back.

Employment-LawExpert :

But that will depend solely on the language that they choose to use

Employment-LawExpert :

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Customer:

I very much appreciate your expert opinion, this is what I am doing

Employment-LawExpert :

Have I fully answered your question today?

Employment-LawExpert :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Customer:

could you send me your response to my email address?

Employment-LawExpert :

Once you provide a positive rating then this response becomes part of your account. You can then print it, copy it, email it, or do anything else you would like with it.

Customer:

another quick question - or actually 2. (1) can they fire me while I am on my medical leave and (2) do they need to approve a Leave of Absence?

Employment-LawExpert :

1) Yes, unfortunately, they can fire you while on medical leave as long as it is not protected (i.e. CFRA, FMLA, Contract) and 2) There is no requirement to provide a leave of absence, unless it is specified in your employment contract

Customer:

Okay, I appreciate your help.

Employment-LawExpert :

I am glad I could give you the information you were looking for. Have I fully answered your questions today?

Customer:

yes, thank-you

Brandon, Esq., Lawyer
Satisfied Customers: 1798
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 2 other California Employment Law Specialists are ready to help you

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