termination or not
I have taken a short term disability leave for depression/anxiety. Have been off work for 3 months now. Was cleared to return on the 3oth of this month. When I went into my work, my supervisor said she would talk to my employer to see what they think about me returning. I recived a call today telling me that they had to hire someone else to do my job while I was away, which isnt true, this particular person worked there prior to me leaving. They said that Im not fired/laidoff, but they will call me when they need some to cover for sick days or vacation. I asked so I get umemployment then, she said no cuz tehy arent firing me. I dont understand. Can tehy do this?
1 answer | asked Aug 21, 2004 12:50 AM [EST] | applies to California
Answers (1)
if you're not allowed to return to work, that is, to your regular, full-time schedule, you're fired. you're eligible for unemployment if you're able to go back to work.
if your company is a "covered employer", and you are an "eligible employee", your employer may have violated the state and federal family leave acts by refusing to let you return. you need to talk to an attorney experienced in employment law, and in particular in family leave. you can find one in your area by going to the cal employment lawyers ass'n website, www.celaweb.org, and clicking on the members list.
good luck
janet m. koehn
posted by Janet M. Koehn | Aug 21, 2004 1:37 PM [EST]
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