Layoffs and Medical Act :eave

What is the name of your state?
California

I'm on medical leave (FMLA) until January 2003 for unexpected medical problems. I think my employer is about to reorganize, and there likely will be layoffs. Can they include me in the layoffs even though I'm on medical leave?

If you would have been laid off regardless of whether you took leave or not, then they can lay you off while you're on medical leave. You cannot be selected for layoff BECAUSE you took medical leave, but if they can support the fact that you would have been laid off either way, you can be laid off now.

Thanks. That confirms what I'd thought.
My performance reviews have been excellent, but I think they're going to restructure the company (again--the last one was 8 months ago!) and I suspect my job (along with two others who do the same sorts of things) will be retitled and changed.
How might it affect my disability and medical coverage? I still have medical procedures to complete.

As far as disability goes, it will depend upon the disability insurance contract. In MOST cases, as long as the disability began while you were covered, they will continue to cover you even if your employment ends. However, this is a contractual rather than a legal issue, and you will have to confirm that with your disability carrier.

With regards to the medical, the company is not required to continue to pay for your medical insurance (although some companies will do so for a short time voluntarily as part of the severance package). However, they are required to offer you COBRA, which will mean that your insurance coverage is continued at your expense.