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CA: Return to work rights??? - Printable Version

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CA: Return to work rights??? - soconfused - 11-18-2010

I have a union but one wouldnt think so because they never return my calls. I am so disgusted, i pay dues and no service. I will see my doc at end of month. I am feeling better and ready to return to work. I dont know if he will let me go with or without restrictions. The position I had is gone even though mgmt wont admit to it, so my question is that if the doc releases me say with no restrictions and my actual position is gone, (I work in a hospital )do they have to offer me another open position??? The secretary in human resources told me that they dont have to offer me anything, that I can apply for an open position and if I cant find anything within 30 days then I am terminated from the company.

I have an attorney which I need to fire all he is worried about is settlement. All I am worried about is having a job to return to. I told him about this and he said they dont have to do anything.

Any advice please??????


RE: CA: Return to work rights??? - 1171 - 11-18-2010

FMLA protects your employment for up to 12 weeks a year.
after that unless you have specific provisions in your contract they are not required to hold or create a job for you.
more on FMLA rights here
http://www.dol.gov/whd/fmla/index.htm


RE: CA: Return to work rights??? - soconfused - 11-18-2010

1171 Wrote:FMLA protects your employment for up to 12 weeks a year.
after that unless you have specific provisions in your contract they are not required to hold or create a job for you.
more on FMLA rights here
http://www.dol.gov/whd/fmla/index.htm

I have been off for more that 3 months but I asked the lady in human resources when the 12 weeks was approaching if I was safe after that and she said my job was protected under work comp law?? Was she just saying that or is she just as clueless??? My leave papers says workers comp leave thats all it says. No clarification anywhere. It just seems whats the use of me being on workers comp if I have no more rights than someone out for cancer or something like that. I really dont need any more medical treatment as I am feeling ok and I really dont think I need a lawyer because it was never my intention to sue just to have guidance. Im not sure what step to take next? Thank you for your advice.


RE: CA: Return to work rights??? - 1171 - 11-18-2010

comp laws are different for each state so we ask each poster to give theirs.
http://www.workerscompensation.com/forums/general/showthread.php?tid=10146
most states do not require employers to keep a job open.
all states have anti-discrimination provisions that make it illegal to retaliate against a worker for filing a claim but that is not the same thing.
having a work injury doesn't give workers immunity from termination.


RE: CA: Return to work rights??? - soconfused - 11-18-2010

1171 Wrote:comp laws are different for each state so we ask each poster to give theirs.
http://www.workerscompensation.com/forums/general/showthread.php?tid=10146
most states do not require employers to keep a job open.
all states have anti-discrimination provisions that make it illegal to retaliate against a worker for filing a claim but that is not the same thing.
having a work injury doesn't give workers immunity from termination.

Hello. Sorry, I am in California.


RE: CA: Return to work rights??? - 1171 - 11-18-2010

ok. i was thinking ca referred to your claims adjuster.

california does NOT have mandartory return to work rights.
you will be paid 15% more for your permanent impairment if the employer does not offer modified work, but the law does not require they do.
you also are entitled to a retraining voucher
more here
http://www.dir.ca.gov/dwc/rehab.html