I got hurt and need time off for surgery. I got approved for medical leave from my work, but my manager seemed frustrated that I won’t be working for a few weeks. He said a lot of negative things about work that won’t get done and the extra work he and the rest of the employees will have to take on while I’m out. Now that I am about to start my leave, he has already started talking about hiring someone to do my job while I’m gone. I’m scared I might be completely replaced and not have a job to come back to. What are my rights?
As long as you qualify for and take protected CFRA/FMLA leave, your employer cannot discriminate or retaliate against you for using it. Your employer must also put you back into the same or comparable position upon your return. They can hire someone to handle your work while you’re gone, but they cannot permanently replace or fire you unless you stay on leave longer than 12 weeks. In order to qualify for CRFA/FMLA leave, you must have worked for at least 1250 hours in the last 12 months before the start of the leave, and your employer must have 50 or more employees within a 75 mile radius. Your leave is good for up to 12 weeks either taken all at once or intermittently as requested by your doctor.
There are nuances to the law and we cannot give you full guidance without knowing more about your situation. If you have any more questions or are still concerned about being terminated for taking medical leave, call us for a free consultation with one of our professional wrongful termination attorney.