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How long must an employer keep me employed after returning to work? (California)
01-31-2012, 10:55 PM
Post: #1
How long must an employer keep me employed after returning to work? (California)
I broke my foot at work and was on industrial leave for 5 months while it healed. I received workers comp benefits and medical care, and am still receiving medical care as the injury has not healed properly. I returned to work in October of 2011 and was given regular work for 3 months.

But in the past 5 weeks I have had only one shift, yesterday. I went 5 weeks without being scheduled for any work at that job. Do I have any rights regarding how frequently I am given work, or has my employer fulfilled their obligation by giving me 3 months work after returning to the workplace? Can they also dismiss me if they choose, since I worked for 3 months since returning from my injury? I'm in California.
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01-31-2012, 11:51 PM
Post: #2
RE: How long must an employer keep me employed after returning to work? (California)
in most situations the employer controls the work assignments, not the employee.
the employer has no obligation to hold a job or take an employee back unless the employment is covered by FMLA and then the job protection is limited to 12 weeks.
yes,
employers can dismiss or terminate employees that have had a comp injury.
if you believe you are being retaliated against for filing a claim, you can bring your evidence of discrimination to the comp court.
your permanent disability rate can be increased by 15% if the employer does not offer modified work ( lasting 12 months and at least 85% of your pre-injury wages).
more here
http://www.dir.ca.gov/dwc/rrtw.html
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02-01-2012, 12:31 AM
Post: #3
RE: How long must an employer keep me employed after returning to work? (California)
Thank you for your prompt reply. Even though it's not the answer I was hoping for, it's good to know where I stand.
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02-01-2012, 01:00 AM
Post: #4
RE: How long must an employer keep me employed after returning to work? (California)
(02-01-2012 12:31 AM)christiev Wrote:  Thank you for your prompt reply. Even though it's not the answer I was hoping for, it's good to know where I stand.

you're welcome.
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