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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35299
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I have been on FMLA/short term disability at the beginning

Customer Question

HI there. I have been on FMLA/short term disability at the beginning of the year. I have been back to work for 5 months, still battling the issue I was on STD in the foirst place. I have to have another surgery which will put me out for another 6-8 weeks, and I fear I may lose my job over it if I take more time off. I have exhausted FMLA at this point. I am seeking advice on what my options are.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: I filed for STD/FMLA the first time I was out, but I just found out about the other surgery today.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that covers the high level overview
Submitted: 15 days ago.
Category: California Employment Law
Expert:  LawTalk replied 15 days ago.

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. I have been a CA licensed attorney for more than 3 decades, and I handle employment law issues.

Unfortunately, there are no other options that you have to enforce your job security if you have already used up all of your FMLA----aside from putting off the surgery until you become eligible again for the FMLA leave and the protections that come with it.

Ask your employer (HR Department) which of the 4 models of determining when FMLA accrues so you will know when you are eligible again. The 4 models are:

1. Annually---beginning each January 1;

2. Or a fixed date such as the company's fiscal tax year or the start date of the employees;

3. A 12-month period beginning on the first day that you took your earlier FMLA leave; or

4. Looking back 12 months from the date that your next FMLA leave will start.

Option number 4 is the most commonly used, because it prevents employees from taking more than 12 weeks of leave at once.

If you have to take additional time off now, you will be at risk of losing your position if your employer chooses to replace you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help, or you are a subscription customer already. All rating does is ensure that I am paid for my time in working with you. So, please do be sure to rate my service to you. Rating is accomplished by clicking on the rating-stars on your page. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 15 days ago.

Hi,

It is possible that your questions and issues might be better served by an in-depth conversation with me. You can request a call by clicking on the "Call Me" button on your page.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug

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