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Medical leave (disability) how long is my job protected?

Discussion in 'Medical Leave & Disability' started by Brian K, Sep 9, 2022.

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  1. Brian K

    Brian K Law Topic Starter New Member

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    Hello Everyone,

    I suffered a terrible migraine due to work stress (causes vertigo 24/7) back in March of 2022. I've been off work since trying to recover. My work is telling me i have until mid September to come back or they will let me go. I have asked them to give me until middle of October as I am on the mend but they are not willing.

    I thought my job is protected for up to 1 year. Does anyone know how long i actually have? Are they legally allowed to let me go?

    I am in california and have been working full time for 6 years at this company.
     
  2. cbg

    cbg Super Moderator

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    Your job is protected for 12 weeks. On week 13, day one, they may legally let you go. Regardless of how legitimate the medical reason.

    You have 12 weeks of protected medical leave within a 12 month period. That is NOT the same as your job being protected for one year.
     
    Last edited: Sep 9, 2022
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  3. army judge

    army judge Super Moderator

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  4. Zigner

    Zigner Well-Known Member

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    Are you currently out of work on a work comp claim?

    I've never heard of a single migraine taking over 5 months to subside. Are you sure you had a migraine and not some other cause of the headache? (A headache isn't automatically a migraine just because it's severe.)
     
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  5. Brian K

    Brian K Law Topic Starter New Member

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    i have a migraine variant called Vestibular migraines. I do not have headaches but being on the computer causes me to get extremely dizzy. Mvertigo.org is a good source to learn about my condition. Its terrible :(. I am out due to this disability.. so is it safe to say they can legally let me go? i am not protected under the ADA or any others?
     
  6. hrforme

    hrforme Active Member

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    I’m so sorry. I dealt with that in 2014 for about 9 months. I got lucky with working from home, shut off over head fluorescent lights, used a lamp, got plenty of extra sleep, etc.

    Timeoff under ADA can be reasonable if there is a return date, but you sound like you don’t know when that might be and they’ve already held your job for 6 months. Which is more than FMLA requires.
     
  7. Brian K

    Brian K Law Topic Starter New Member

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    My doctor wrote me a note saying i will be ready to return to work by 4-02-2023, does that mean my job is protected?
     
  8. army judge

    army judge Super Moderator

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    Have you asked your physician if any workplace accommodations or modifications are available to assist in a speedier return?

    In some cases, accommodations might be applicable, which will allow you to return to work.

    If not, ask your physician if your condition is considered (at some point) a qualifying, permanent disability.

    Otherwise, is there other work that you can do for your employer?

    It can't hurt to pose the above question to your HR Rep, or Disability Specialist.

    Heck, ask your manager, too.

    Are you at least 50 years of age?

    If not, how old are you?
     
  9. Brian K

    Brian K Law Topic Starter New Member

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    If you don't mind me asking, how did you get better? was it just time?
     
  10. Brian K

    Brian K Law Topic Starter New Member

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    I need to be on the computer 8 hours a day.. and my #1 symptom is Visual issues.. My condition is considered temporary for now but it feels long term... i was bed bound for the first 1.5 months.. im on treatment now but i think i need another 4-6 months to recover.. My employer does not have any other work i can do as i am work from home.. I am under 50 years old (40)
     
  11. cbg

    cbg Super Moderator

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    No. You are entitled to up to 12 weeks of protected leave. After that, any additional medical leave you receive is a gift from your employer and not protected under the law. A doctor's note does not automatically protect your job. Otherwise, your doctor could give you a note saying you would be ready to return to work by 4-02-2043. Which is obviously ridiculous.

    The goal of the ADA is to have you at work doing your job, not to grant you months of additional protected leave. A SHORT continuation of your leave can be considered a reasonable accommodation, but you've already had twice the amount of leave the law entitles you to.
     
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  12. hrforme

    hrforme Active Member

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    A lot of rest and time... being careful to find my triggers. I still have issues if I get overly tired.... you might check out the /maldedbarquement group on Facebook....

    Unfortunately it’s not reasonable for your employer to hold your job until,April 2023
     

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