QUESTION

Is an employer in California required to tell u if and when they have considered you on family leave?

Asked on Oct 28th, 2012 on Business Law - California
More details to this question:
I have been employed as an office manager on salary for 7years. I became I'll and was under doctors care for 4months. Was never told that they considered me on FMLA. Encouraged by them to stay off as long as I needed to get better. Released and let go the day I returned for being gone too long.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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This is a difficult fact pattern. As a general matter, an employer is free to fire any employee at any time for any reason, including failure to report to work due to illness. In other words, unless the employer has a sick-leave policy (which it must follow), it does not need to offer paid time off or even unpaid leave, except to the extent provided by FMLA. Generally speaking, if an employee wants the benefits of FMLA, the employee is expected to request leave and prove that the nature of the illness qualifies for FMLA unpaid leave. FMLA merely entitles you to resume your job if you have been out for no longer than the FMLA maximum; otherwise, you can be terminated immediately. It sounds as if your employer assumed you were on FMLA leave, which is favorable to you. I don't see how you have suffered any legally recognized harm. If you had not been treated as being on FMLA leave, you could have been fired much earlier.
Answered on Oct 29th, 2012 at 4:31 PM

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