Porterville, CA asked in Employment Law for California

Q: I am a California state employee, I was demoted due to job reductions in my classification. My seniority on the

Reemployment list is at the top. I have been offered a job in my previous classification due to seniority. During the process of being demoted I was injured and am currently off on workman compensation. Under federal law do I have a right to my previous classification due to seniority, if I am currently off on workman compensation.

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1 Lawyer Answer
Arkady Itkin
Arkady Itkin
  • San Francisco, CA
  • Licensed in California

A: Whether you are entitled to your classification if you are out on leave due to an injury does not depend on federal or state law, but depends on either your employer's internal classification policies, or - if you are a member of the union - on the rules agreed upon by the union with your employer and which are likely set in the collective bargaining agreement.


Arkady Itkin

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