Letter stating I will not return to work.

I have been on medical leave for 10 weeks. My doctor extened me another 5 weeks. When I informed my employer of my extension, they reminded me that after 12 weeks they can no longer hold my job.

Then they requested for me to write a letter stating that I "think" I would not be returing to work, at all. I do not feel comfortable with this request. I then asked if I wrote such a letter, would that be a diqualification to any future unemployemnt claims(just in case they terminate me while I am on leave) They told me that I would have to contact EDD for that answer.

Is it unreasonable for them to ask for this letter? Am I safe not sending them one?

2 answers  |  asked Jun 3, 2004 3:45 PM [EST]  |  applies to California

Answers (2)

Janet M. Koehn
what about benefits?

while i agree with george about your fmla/cfra leave, it may be in your interest to resign rather than being fired, depending on benefits you have and what rights you have to them. i also agree with george that your question is complicated. you should consult with an attorney experienced in employment law. you can find one by going to the cal employment lawyers assn website, www.celaweb.org, and looking for a member attorney in your area.
good luck

posted by Janet M. Koehn  |  Jun 3, 2004 4:11 PM [EST]
George Allen
No, don't lie

I do not believe you should write the requested letter. First of all, it's not true. Second, you should consult an attorney as to any basis for extending mandatory leave beyond 12 weeks. It is a complicated subject.

posted by George Allen  |  Jun 3, 2004 4:08 PM [EST]

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