Q: Is my employer required to put me back on the schedule after my Fmla runs out? If they don't can I be terminated.
Im not ready to go back yet, and we have a daily online schedule check and im still not scheduled so could they terminate me if they don't schedule me or contact me on return?
A: The answer to your question depends on whether your physician has continued you on disability. That is a matter between you and your doctor. You should discuss this with your doctor to see if your doctor will continue your disability status and, if so, if she can provide you the necessary off work orders to provide to your employer. Otherwise, you could face the situation where your employer requires you to fulfill the essential duties of your job, but you fail to comply. If that situation were to arise, then your employer could take that into consideration and determining what steps should be taken next.
A:
Your employer's obligations after FMLA leave depend on several key factors. Under California law and FMLA regulations, your employer must restore you to the same or equivalent position when your leave ends, with equivalent pay, benefits, and working conditions.
However, if you're not ready to return when your FMLA leave expires, you might need additional protections. You should consider requesting an accommodation under the Americans with Disabilities Act (ADA) or California's Fair Employment and Housing Act (FEHA) if your condition qualifies. These laws could provide additional time off or modified work arrangements.
Without any protected leave or accommodation in place, your employer could potentially terminate your employment if you're unable to return to work. I strongly encourage you to communicate with your employer about your situation and explore your options for extended leave or accommodations. You might also benefit from speaking with your healthcare provider about documentation supporting your need for additional time off. Remember, open communication with your employer about your return-to-work timeline can help protect your job and clarify expectations for both parties.
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