(Before reading this, check out Orange County Employee Reinstatement Rights Part 1!)
After enduring a long convalescence, that humdrum job never looked so good!
An employee may have a right to be reinstated to a former job upon returning from medical leave.
The Family and Medical Leave Act generally applies to an employee who has worked for an employer with over 50 employees for at least 12 months.
The law provides for an unpaid leave up to 12 weeks in a 12‑month period for an employee’s serious health condition or that of certain family members.
An employer must usually make the same or comparable job available, with equivalent benefits, pay, and other terms and conditions of employment, unless the employee fails to return following the leave.
The 12‑week period may even extend indefinitely if the employer failed to notify the employee of the commencement of the leave period.
Losing a job does not need to be the penalty for being sick . . . if you know your rights.
Don D. Sessions, a Mission Viejo attorney, author and law school professor, helps employees enforce their rights