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Will I lose my job after being out on leave for longer than 12 weeks? - Printable Version

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Will I lose my job after being out on leave for longer than 12 weeks? - cainjuredworker - 02-03-2016

Hi, I am in CA.  I was injured on the job in October, opened a claim and had been going to worker's comp doctor visits and getting treatment and also receiving temporary disability.  In December I received an email from my work direct supervisor that they would have work for me whenever I was ready to go back.  As it stands right now I am not able to return to work.  The doc has put me off of work until March, then I go back for evaluation. 

Today I received an email from HR stating that I had been out on leave for more than 12 weeks therefore it is not guaranteed that I would be reinstated at the same position or provided any job at all if I were to return in March. 

What protection or benefits can I expect?  I figure I would continue to receive medical care and temp disability through workers comp, and I am focusing on recovery.  Once that happens, will I be out of a job and all benefits?  I don't have a lot of savings and what I have I am also spending on getting alternative treatments to speed up the healing, since health really is top priority at this point.

I am fairly stressed out by the email I received today.  Any feedback or information would be welcome.   

Thank you.


RE: Will I lose my job after being out on leave for longer than 12 weeks? - 1171 - 02-03-2016

Your fmla job protection ended after 12 weeks. Return to work is at employers discretion after that.
comp law does not require that the employer hold a job or create one for you.
ADA requires the employer discuss reasonable accommodation if you have some restrictions.
Treatment continues as long as you need it but its your choice to pay for care outside of what comp allows.
Additional but fixed disability is available if you have some permanent impairment.
If you can,t return to your previous employer, you,ll have to find another.
More on your benefits and rights here:
http://www.dir.ca.gov/dwc/iwguides.html


RE: Will I lose my job after being out on leave for longer than 12 weeks? - cainjuredworker - 02-04-2016

Right now the letter from HR just stated that they can't guarantee reinstatement or a job. I assume I am still an employee? I assume I would continue the recovery process, and once I am declared medically able to return to work, then I contact my work to ask them if they have something for me?

I am hoping yes, because I actually do love my work.

But, if they don't have anything for me, will I qualify for unemployment if I have to look for another job?

I am hoping I won't be permanently impaired.

Thanks.


RE: Will I lose my job after being out on leave for longer than 12 weeks? - 1171 - 02-04-2016

yes keep your employer updated on your recovery; don't expect the carrier to do it for you.
see if they can put you on light work and talk to your doctor about it.
employees that return to light work have a higher chance of staying with the employer after recovery.
if there is some wage loss with the light work, comp may pay some of the difference.
you'll have to pay your own health insurance since there are no payroll deductions when you are out; you should have been given the cobra option.
you'll only qualify for unemployment if you have recent quarterly payroll deductions.
you can apply now while you still have had some recent payments to your acct and suspend payments until you need them.
most have the same hope; have your doctor keep you updated on your expected result so you have a realistic expectation.