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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5043
Experience:  Extensive experience representing employees and management
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I had a TIA back in April while sitting at my desk at work.

Resolved Question:

I had a TIA back in April while sitting at my desk at work. Rushed to ER was off work 2 months went back to work for 4-6 hours per day. Had a doctors appt. that day had a very stressful day at work. BP was high and doctor took me back off work. Now I have exhausted my FMLA (12 weeks). The company policy states FMLA for 12 weeks. then after one week they may not hold your position. (co. has 30K employees). Can they terminate me or just fill my position. They tried to send a letter of resignation to me to sign but I don't want to sign it.
Submitted: 12 months ago.
Category: California Employment Law
Expert:  Joseph replied 12 months ago.
Hello,

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

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Have you checked back with your doctor to see if he can okay you to go back to work at this point, or are you sure that you are unable to return to work?
Customer: replied 12 months ago.

I cannot return to work at this time. My memory is very poor at this time and medication is making me very tired and sleepy. I cannot drive at this time.

Expert:  Joseph replied 12 months ago.
Thank you for the additional information. I'll get back to you shortly.
Expert:  Joseph replied 12 months ago.
Hello,

Unfortunately, FMLA only entitles you to 12 weeks of protected leave. So, it isn't just your employer's policy to allow 12 weeks of FMLA leave, that is what the law allows.

After that point, they can terminate you, unless you request a reasonable accommodation of additional leave in order for you to (eventually) perform the essential functions of the job. At that point, your employer can either contest that it is not reasonable to allow you to extend a job protected leave or can grant you this leave as a reasonable accommodation.

It would certainly be worth it to tell your employer that you need your leave extended for your disability and that you will be able to return to work with that additional leave. Normally, this will be limited in time, if it is even granted, to a few months, although there are definitely circumstances where it is granted for over a year or years. Since your employer is very large, there is an argument to be made that your extended leave doesn't constitute an undue burden and would be reasonable under the circumstances.

A great deal would depend on when you are able to return to work. As you'd have a better case for two months being a reasonable accommodation than two years.

On a personal note, I do wish you a good and speedy recovery.

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!

-Joseph
Expert:  Joseph replied 11 months ago.
Hello Bhans,

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 5043
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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