fired while on disability

[selective]

What is the name of your state?What is the name of your state?What is the name of your state? California

I have been on state disability since Aug due to a second knee surgery this year. The leave was cleared with my employer before surgery. They were made aware the original 3 months requested might be extended as normal recovery for this surgery is 6 months to a year. When I notified my employer the doctor would not let me return to full duty for another month they sent a letter of termination. Their stated reason was "Exhausted all Available Leave". Can they legally fire me while I am on approved disability? (This is after four years of employment, if that makes a difference)

Thank you in advance for any assitance given!!

 

[Beth3]

Can they legally fire me while I am on approved disability? Yes. The amount of disability benefits you are eligible to receive has nothing to do with the amount of leave time an employer must extend.

 

[cbg]

Somehow or other, a large percentage of the general public seems to have gotten the idea that it is illegal to fire someone while they are on short or long term disability. There is no truth whatsoever to that belief. What the law says is that it is illegal to select an employee for any kind of termination because they have a disability, as defined by the Americans with Disabilities Act. (Only a small fraction of employees who are on short or long term disability leave so qualify.)

ADA protection or not, barring a bona fide contract or state law to the contrary (California has no such law that applies in these circumstances) the longest an employer is required to hold an employee's job is 12 weeks. After that time, the employee can legally be terminated, no matter how legitimate the need for additional medical leave and no matter how many doctor's notes the employee may be able to supply.

 

[selective]

Thanks...thats why I asked....to get clarification. Your answers are greatly appreciated!