What protections do I have under FMLA and state SDI if my company just laid my entire location off?

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What protections do I have under FMLA and state SDI if my company just laid my entire location off?

I am on Medical Leave under FMLA for physical, speech, and occupational therapy because I suffered a stroke. My initial leave is until the1st of next month but I am probably going to have it extended because I don’t foresee my being in any condition to return to work any time soon. While on leave, I was informed that my location of business is being closed and everyone is getting laid off. If my doctor were to extend my leave is there any protection for me under FMLA or state disability. Company has 20k employees in over 800 locations

Asked on April 17, 2012 under Employment Labor Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

The simple answer is yes. FMLA only guarantees you the job reinstatement when you come back to work. But you will be treated as just any other employees with no greater protection. The company can terminate your job based on any other reasons except the reason of FMLA. If they have valid reason to show your job cannot be restored then you probably have no case against them. Since your company is closing the entire site and everyone will be laid off, it is really hard to argue otherwise.


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