Hi, my name is XXXXX XXXXX X'XX be assisting you with your question today. Your employer can hold your job for as long as you are on state disability if he or she chooses to do so. However, an employer is not required under California law to hold your job for any duration while you are on state disability.
okay, so if they choose not to hold my job than they get to terminate me?
Yes, they can terminate you if they choose not to hold your job while you are on state disability.
then what can i do after that? remain on disability or get unemployment?
You can stay on disability at that point. You can't collect disability and unemployment insurance at the same time, but you could file for unemployment insurance while you are receiving disability payments.
okay, but i thought that under FMLA the employer is required to hold your job for up to 12 weeks?
Yes, FMLA does require your employer to hold your job for up to 12 weeks if your employer is covered under FMLA (has 50 or more employees) and your condition meets the requirements for leave under FMLA.
This is from the U.S. Department of Labor Website. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
Okay, but is that discrimination that I've been terminated from my job based upon a disability?
No, unfortunately, it doesn't qualify as discrimination if the disability prevents you from performing the essential functions of the job. (Unless you are able to perform the essential functions of the job with a 'reasonable accomodation.')
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