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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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We have an employee on disability now for a shoulder operation

Resolved Question:

We have an employee on disability now for a shoulder operation not related to work.
She was part time with us at the time of her operation. We are still paying her health insurance and she owes us money for a personal loan. We now have no more work for her and do not need her to return. But the last time she had a personal leave situation for a female operation she just walked in our door handed a doctor release to my wife and went to work with out even telling us she was showing up to work.
Can we let her go now that we have no work for her? What about the health insurance and personal loan?

Submitted: 5 years ago.
Category: California Employment Law
Expert:  LawTalk replied 5 years ago.
Good morning Michael,

I'm sorry to hear of the situation.

Over the past 12 months has she worked at least 1250 hours---which is about 24 hours a week?

How many employees does your company have? I'm trying to determine whether she is entitled to leave under the FMLA.

Customer: replied 5 years ago.

One moment please we are checking the hours and time sheets.
Expert:  LawTalk replied 5 years ago.
No problem. I'll be here.
Expert:  LawTalk replied 5 years ago.
Good morning,

I'll be here if you have any follow up questions

Maybe I can streamline things here, though. To be eligible for leave under the FMLA or the CFRA leave, an employee must be either a full-time or part-time employee working in California, have more than 12 months (52 weeks) of service with the employer, have worked at least 1,250 hours in the 12-month period before the date the leave begins, and work at a location in which the employer has at least 50 employees within 75 miles radius of the employee's work site.

Unless all of these conditions are met, the employee is not entitled to leave under either of these programs, and you as the employer are not obligated to hold the employee's job for them. The employee may be terminated at any time.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

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