Are you returning to work after medical leave? Know your rights.

Your medical leave may be subject to the Family and Medical Leave Act (FMLA). To be eligible for FMLA leave, you:

• You must have worked for your employer for the last 12 months and at least 1,250 hours.
• You must work within 75 miles of a location where your business employs at least 50 or more people.
• Cannot be a “key employee” (someone who is in the group that is paid the highest 10% salaries or whose leave is substantially detrimental to the company)

If you are eligible for FMLA leave, you have certain rights when you return to work. Rights include getting back your previous job or a similar one in title, duties, and pay.

Reasonable accommodations

Did you get injured on the job and filed a Workers’ Compensation Claim? Did your boss refuse to accept your doctor’s note? Did your employer refuse to acknowledge your injury, medical problem or give you permission for doctor’s appointments?

This is called disability discrimination and is illegal in the state of California. Under California law, if you have a doctor’s note for health problems or injuries, your employer must provide you with “reasonable accommodations.” Reasonable accommodations may vary depending on the size of your business and the type of injury in relation to the job duties required. For example, for an employee with carpal tunnel, providing an ergonomic keyboard in an office setting would be a reasonable accommodation. Allowing an employee to take time off for additional medical appointments, as long as they can still complete essential job functions, would be another reasonable accommodation.

Act immediately if your employer acted illegally

Please note that the statute of limitations (time within which you can legally file a claim) for most CA medical leave or injury cases is short. It is essential to act immediately if you think your employer is has treated you unfairly. 

If you were fired, harassed, demoted, or fired while on medical leave, it is essential to discuss the situation with an experienced attorney who can provide you with a comprehensive view of your options.