How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39167
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I am currently on a leave of absence from work and receiving

Customer Question

I am currently on a leave of absence from work and receiving disability from the state of california, my employer insists that I have exhausted my FMLV time and says that I am on a personal leave and telling me that my job may not be there anymore. Am I on disability leave or personal leave?
Submitted: 6 years ago.
Category: California Employment Law
Expert:  socrateaser replied 6 years ago.
FMLA (CFRA in California) provides a maximum of 12 weeks of job protection. After the 12 weeks of leave is exhausted, the employee must work for another 12 months and 1,250 hours for the employer before accruing any additional FMLA benefits.

The issue of disability or personal leave is irrelevant, because no matter what the basis of leave may be, if the employee has exhausted all FMLA/CFRA benefits, then the employer can terminate the employee while on leave.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.

And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!