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Termination while on STD?

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ShayD09

Junior Member
What is the name of your state (only U.S. law)? CA

I am currently on CA state disability for a psychiatric condition. My psychiatrist has signed my disability paperwork and sent a letter to my employer verifying that I am under her care. I have been approved by the state until June 27, 2009 to receive payment in place of my salary. I have been off work since March 2007 due to a complicated pregnancy and death of my newborn which caused extreme depression. I completely pay for my medical insurance and do not receive any payment of any kind from my employer.

My employer is now harassing me to come back to work. My psychiatrist told me I should continue with my disability and plan to return to work at the end of July after I have been through therapy for the anxiety, panic attacks and extreme depression. My employer is stressing me out even more by calling me every day telling me I need to resign or come back to work.

What are my rights as far as my employer goes? Can they force me to resign or can they terminate me if I don't go back to work and just continue with my disability until June? I am really stressed about losing my job and I feel bullied by my employer which is not helping my emotional problems.What is the name of your state (only U.S. law)?
 


pattytx

Senior Member
Even if your employer is subject to the FMLA, and its California equivalent, and this condition qualifies (which it likely does) they are only required to hold your position under the FMLA for 12 weeks. Certainly not 5-6 months.

Disability benefits are not job protection.
 

ecmst12

Senior Member
OP has been out for almost 2 years at this point! There is NO legal requirement for your employer to offer you your job back when your doctor certifies that you can return to the workforce. It was extremely kind of him to hold it for this long. If you are not ready to go back to work, you shouldn't go - your employer shouldn't be harassing you about it either way. Either he'll have a job for you in July or he won't, tell him it's up to him either way, but you're not ready yet and his bugging you about it isn't helping.
 

cbg

I'm a Northern Girl
There are circumstances in California ONLY under which a pregnant employee can be out for up to seven months. However, barring a bona fide contract or CBA that specifically says otherwise, there are NO circumstances even in employee-friendly California where an employee has job protection after almost two years.

Your employer is well within his rights to term your employment if you are unable to return to work at this point. He's held it FAR longer than any law requires him to already.
 

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