My husband has been out on a medical disability since December. It is not work related but he is under a doctor's care and has been submitting his doctor's notes to his employer since December explaining that he is under a doctor's care and not able to work. It is not a permanent disability and if all treatments go well then he should be returning to work within the next 3 to 4 months. His employer placed him on a Family Medical Leave, which I know only protects your job for 3 months, and his employer just sent him a letter that if he doesn't return to work by the end of June, he will be considered to have voluntarily resigned. My question is, is their a disability leave or law that would protect his job? He is still under a doctor's care and physically cannot return to his job until his treatments are successful.
Each state's employment laws are different, so I second the suggestion to consult with an attorney specializing in this area.
There really isn't anything established beyond the federal 16 weeks. Has your husband checked the company policies. Sometimes they go above and beyond the federal requirements (mine does but it is a huge company). So check there. Who at the employer has been handeling your husbands leave? has it been more than one person. Medical records are VERY private and are only to be handled by certain individuals. if you feel it has not been handled properly then you may file a cliam against the company.
If you go beyond the time frame allowed my family medical leave, they do not have to hold the position, no. We had an employee out for an injury sustained while he was not at work, and we did hold his job for him for 16 weeks, but when he didn't come back, we had to let him go. We just couldn't make do with one less person for any longer. However, that's not to say that if a position came up when he is able to work again, that we wouldn't hire him back. It's a really unfortunate situation, but unfortunately none of us is irreplaceable... I hope your husband makes a full recovery soon! Even if his old job isn't available anymore, perhaps his employer has another position available, or he will find a new company he likes better.
We're in CA as well. My BIL is facing the same issue. He left treatment early because his job was in jeopardy, then was told 2 weeks ago that he has exhausted all his FML time, and if he misses any more time his job is gone. He checked it out and they are within their rights :(
He suffers from multiple health issues, was admitted to the hospital this morning, will be having a colonoscopy to pinpoint the problem and be unable to go to work in the morning. He still cannot expect his employer to keep his job, and he and my sister are now facing the fact that he will have to go on permanent disability.
If your husband has been off work since December, but unable to work for another 3-4 months that would be a length of time much greater than the law requires an employer to hold a person's job, so under the law he may not be protected from losing his job. My suggestion would be to contact the CA Labor Board ASAP for advice into your husband's particular situation.
God bless and best wishes!
if he is part of a union have him call and talk to his rep.
Was the injury work related? That may be the only way you have a case. If it was not a result of working on the job he does not have any assurances unless perhaps he is union and they have a special clause in their contract. You will need to talk to a labor law attorney though. Most give free consultations.
Google California labor laws disability. There are Federal laws on this topic too. I'd consult with an attorney specializing in labor laws.
My brother has been on limited duty and then off work for surgery for over a year. It is work related. Every once in awhile someone says something to him that causes him to worry about being fired. He's gotten information and reassurance from his union and has consulted with an attorney who specializes in Federal employee labor issues.
Unfortunately for you and your husband, job protection isn't permanent. That the employer didn't automatically transfer him to FMLA seems to speak to their compassion and generosity. I'm sorry you're stuck in this situation... it's stressful, I'm sure.
I suggest contacting EDD to educate yourself on the rights and responsibilities of both sides. At least then you'll know what to expect.
Best wishes,
S.
I'm sorry to hear about your husband. FMLA is 12 week protection for an employee. In most states its unpaid. It appears that your husband's company has gone above and beyond what they were legally obligated to do. If there is a union, that is a different story somewhat. However, this illness did not happen at work and thus doesn't afford him much protection. Check the company policy to see if they have a short term/long term disability.
I am not an attorney, but was a supervisor at one of my last jobs. We were trained on labor laws and where the employer's liability ends because we had employees who were OFTEN on disability. The company was unable to hire a replacement until the disability issue was resolved, hence the training we received. The answer is not a simple one because it is true labor laws have all sorts of exceptions. However, from what you shared it is part true and part untrue. (how's that for complicated?) The employer must keep your husband's position for him while he is on disability until the family leave runs out. After that, (from the training I attended in 2006, the laws may have changed) the employer must keep him 'as an employee,' but not in his position. In other words, if he was a driver they can hire another driver and when your husband is back at work they can give him another position. It also seems, from the letter your husband received, they maybe going in a roundabout way to get him to quit; "voluntary resignation." It's possible your husband needs to respond to that letter in writing (send it certified) that he intends on continuing his employment when doctor releases him to return to regular duties. Can your husband return to work with restrictions, such as desk duties no lifting? You can most definitely call the CA labor board for guidance or consult a labor attorney. Good luck and hope your husband recovers fully.
I don't know the answer but I am interested to see if someone else does because my husband just went thru something similar.
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I believe this is illegal in CA, but I'm not sure I follow the details. CA rules are complicated. If they're already threatening this, I think you really need to consult with a lawyer ASAP. He or she will be able to give you a clear picture of why and how this is illegal. They'll also have the muscle to get your husband's employer to back down.
Your husband may qualify for more than FMLA anyway. Isn't there federal long term disability or am I confusing it with the CA disability?
At any rate, I think it's time for you guys to lawyer up.
