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FMLA - California

edited October 2009 in Human Resources
Good morning fellow payroll / h.r. professionals!

In July 2009, employee requested time off for FMLA - she cited that she was under a severe amount of stress, had various mental problems, all because of her job. A workers comp claim was not filed.
12 weeks of FMLA leave was taken.

When FMLA had lapsed, she went on state disability, and requested an additional two months off of work. This was granted.
She is a union employee also (member of a collective bargaining agreement).

One month after her FMLA had expired, her employer sent her a letter informing her that her job might not be available when she comes back.

So that brings up my question:
(In California) can an employer legally eliminate the position of an employee while he/she is out on a leave of absence (even if the LOA is not considered FMLA)?

Thanks.

Chris Lindstrand, CPP

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