Q: How can my employer screw me over like this?

A: Regarding the situation you described, it's important to understand that employers have certain obligations and responsibilities when it comes to providing leave and benefits. CFRA (California Family Rights Act) is a state law that provides eligible employees with job-protected leave for certain family and medical reasons, including serious health conditions. If you meet the eligibility requirements and your medical condition qualifies under CFRA, your employer may be required to provide you with CFRA leave.

COBRA (Consolidated Omnibus Budget Reconciliation Act) is a federal law that generally allows individuals to continue their group health insurance coverage for a certain period of time after experiencing a qualifying event, such as a loss of employment. While it is common for employers to subsidize a portion of the premium, under COBRA, the responsibility for paying the full premium typically falls on the individual receiving the coverage.

Regarding the reinstatement to your previous position, employers generally have an obligation to reinstate employees who are on protected leave, such as CFRA leave, to their previous positions or a comparable one upon their return, subject to certain conditions and limitations.

A: I am sorry this happened to you.

Under The California Family Rights Act (CFRA), your employer is obligated to reinstate you to your position at the conclusion of your leave. More details would need to be known to evaluate your case further.

I suggest you consult an employment law attorney who will examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

A: If you work for an employer that is large enough to qualify you for CFRA leave, the employer has a duty to give you notice that your leave is being designated as CFRA leave, and from the date of that notice, you have up to 12 weeks of unpaid leave time. At the end of that 12 weeks, if you are able to return to work at that time, the employer must return you to your same job, or a job that is substantially similar to your old job. If you are not able to return to work after the 12 weeks of leave, you do not get the guarantee of your job back under the CFRA.

The Fair Employment and Housing Act is an overlay over the protections of the CFRA. Under FEHA your employer must provide you with reasonable accommodations for your medical condition as long as doing so does not create an undue hardship on the employer. One accommodation could be additional unpaid leave. However the employer does not have to grant leave for an indeterminate period of time. It is important that your doctor state a predicted time of return to work.

it is not unlawful for an employee benefit program to be terminated for employees who are on a leave of absence as long as the program does not target just those on leave due to a disability. COBRA premiums are not the doing of the employer. They are the premiums charged by the insurance company outside of the employee benefit program. If the premiums are more than you can afford in your circumstances, you may need to look into Covered California or another public benefit program for your medical needs.

Furthermore, be sure to look into State Disability Insurance for additional money coming in.

Good luck to you.