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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 went out on FMLA this past June and after the 12 weeks my

Customer Question

I went out on FMLA this past June and after the 12 weeks my company has transitioned me to a "medical leave of absence". As a 24+ year employee with little to no sick time taken in my career, how long will I be paid by my company before I need to apply for State Disability Insurance?
Thank you.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Are you using your sick time currently? Can you tell me how much sick time you have that you are using?

Do you know what the policies are for this 'medical leave of absence'? Do you have a document that explains it?
Expert:  Joseph replied 3 years ago.
Hello Errol,

The company will probably pay you until all of your sick time is eliminated, unless they are paying you separately and you are not using sick time.

Anyway, it seems like that will likely take many months, if not years, since you have used little to no sick leave in 24 plus years of work.

However, it is important to note that after your FMLA leave expires, your job is longer protected with your employer in the same way while you are out on medical leave or disability.

So, your employer could terminate you if it wanted unless doing so would be denying you a reasonable accommodation so you can perform the essential functions of the job. For instance, if you need a few months to recover and will then be able to perform the job, that could be considered a 'reasonable accommodation.'

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