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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I was on disability from 12/30/11 for bilateral breast cancer

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I was on disability from 12/30/11 for bilateral breast cancer mastectomies that I had complications which required 4 surgeries in 2.5 months and have one surgery left to go in a couple of months. I was on antibiotics for 3 months that caused constant diahrea that is finally cleared up within the last few weeks after my primary care doctor placed me on a medication. I return to work at the beginning of April 2012 however after 3 weeks I eas so exhausted I could not continue work and was placed off work as of April 20 2012 and am currently seeing several physicians for a variety of medical and psycological issues (severe depression). Last weekend my mother passed away from alzheimers so I am additionally dealing with her death. The hospital orgization I work for is centralizing all the hosptal business offices into one location and reducing staff by about 50% I am a insurance collection supervisor and per one of my co=workers the supervisor positions have been eliminated. I am past by 90 days of LOA however the company police was they would find me a like job for one year. However since they are reducing staff are they required to uphold the policy? As I am still under the care of several physicians and currently not able to return to work what do you recommend as my possible options when I am healthly enough to return to work?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 5 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

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

Unforutnately, if the company is eliminating your position for economic reasons, then it would be legal for them to terminate you while you are on leave, even if you are on protected leave, such as FMLA leave.

If you are unable to work, I would suggest that you file for disability again, while you are off work and until you are able to work again.

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Joseph, Lawyer
Satisfied Customers: 5299
Experience: Extensive experience representing employees and management
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