Position backfilled while on medical leave, wasn't told

[Whoshighpitch]

What is the name of your state (only U.S. law)? California

My employer backfilled my position while I was out on medical leave. My leave was extended beyond the protected FMLA period, so I understand that aspect. The issue is that I didn't find out until three months after it had been filled, when I was ready to come back to work. The person who was supposed to have informed me emailed me the wrong attachment, and I received no communication from my employer via USPS.

I'm now without an income because I had no opportunity to either discuss with my doctor returning to work early, or to network/look for something else in the months leading up to my return-to-work date. It doesn't seem right that I would have no recourse following an error on behalf of my employer.

Did my employer have a legal obligation to inform me my position was going to be posted and backfilled?

Thank you.

 

[eerelations]

No, unfortunately. I'm surprised that they didn't contact you some short time before the FMLA leave expired (as in "Hi, you know your FMLA leave is ending soon, when will you be able to return to work?" or similar) (that's what I would have done) but no, I don't think they had any legal obligation to do so.

 

[cbg]

EXACTLY how long were you out?

 

[eerelations]

Apparently beyond 12 weeks. In fact it sounds like three months beyond 12 weeks.

 

[cbg]

I can make it read that way, or I can make it read that she was out for a total of three months. In which case your answer is still right but it becomes a bit greyer an area. I'd just feel better with some clarification.

 

[Chyvan]

I'm now without an income

You can have an income. In CA, if you were too sick to work, you should have been on SDI. Assuming you're better and there is no job for you to return to, you're qualified to get unemployment benefits. You need to apply.[/QUOTE]

 

[Whoshighpitch]

I went out on disability in March of 2016. My doctor released me to return to work, but there's no work to return to.

So even if I was collecting SDI for ten months, I can now start an unemployment claim? What income would it be based on, since I was on SDI most of 2016?

 

[Whoshighpitch]

I'd also still like confirmation as to whether or not my employer had a legal obligation to tell me my job had been backfilled instead of "Oops, someone attached the wrong document to an email back in August. Sorry."

 

[Chyvan]

My doctor released me to return to work,

I can now start an unemployment claim? What income would it be based on, since I was on SDI most of 2016?

I don't know when you were cleared for work, but if it was in Dec, 2016, you did yourself no favors by delaying until now. The quarter changed on Jan 1, and you lost a quarter of wages.

If you apply now, a claim is based on earnings Oct 1, 2015 to Sept 30, 2016. CA will also make adjustments for claimants coming off SDI, but I don't know just what they're willing to do. You have what looks like nearly TWO solid quarters of wages to build a UI claim (you could have had three if you'd applied in Dec), and in CA, it only takes TWO decent quarters of wages to get good UI claim, and you have the added benefit that EDD will make allowances for you being on SDI.

 

[eerelations]

I'd also still like confirmation as to whether or not my employer had a legal obligation to tell me my job had been backfilled instead of "Oops, someone attached the wrong document to an email back in August. Sorry."

Your employer had no such legal obligation.

cbg was concerned that you might have been out only 12 weeks or close to 12 weeks. But since it appears you were out a lot longer than 12 weeks, any legal obligation your employer may have had to inform you has long since disappeared.

 

[cbg]

No. If you were out that much longer than 12 weeks your employer had no legal obligation to tell you your job had been backfilled retroactively.

 

[Whoshighpitch]

Thanks for all of this info/advice. My employer placed me on a leave of absence, they didn't terminate me. How would applying for UI affect that status? I would imagine that I would lose that status and therefore my benefits if I applied for UI...?

 

[cbg]

Not true. You do not have to have been fired or let go in order to collect unemployment. If you are not being paid, you have the right to apply, whether you are terminated, suspended, or on an unpaid loa.

 

[justalayman]

Not true. You do not have to have been fired or let to in order to collect unemployment. If you are not being paid, you have the right to apply, whether you are terminated, suspended, or on an unpaid loa.

And to expand a bit more;

Many states will pay Ui if even if are working but making less a certain amount. (It's usually the amount calculated where your earnings subtracted from your benefit amount are less than $1. The calculation varies by state). The benefit paid will be a reduced amount but it is still available.

 

[Whoshighpitch]

Great info, thanks! So then perhaps I should run out my SDI first?