Employer falsely claimed returned to work from disability and removed my approved fmla in California

I had been approved for disability for 3 months and it was concurrent with fmla that was approved as well. I took 2 days of paid time off during the 3 month period. I was never told I could not take vacation. I was on limited hours for disability could only work four hours. I used vacation for the four hours I was supposed to work. Manager backed out disability and Fmla and reported returned to work full duty. Is this legal. I was never advised I could not take vacation time?

tickkeddisabled said:

I was never advised I could not take vacation time?

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Only an attorney licensed in CA can dispense legal advice to you.

Spend some money, you might obtain the answers and advice you seek.

Otherwise, don't expect to receive answers for free.

Just to clarify - you were on partial disability, working part time, and on FMLA?

tickkeddisabled said:

I was never advised I could not take vacation time?

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Did you ask?

I was on a 4 hour limited disability. I never asked if I could take vacation. The manager even put the wrong date I took vacation. Paycheck shows paid vacation. This was paid time off that I earned. The state of California let's you use vacation pay while on disability. I have been on partial disability limited to 4 hours a day. I have not returned to work full duty since October. This manager falsely reported I returned to work full duty to the disability department. I am still only working 4 hours. The company has taken back all disability pay for October, November and December. They also removed all my Fmla for those months. In addition they started a brand new disability claim starting December 16th with brand new documentation I have to fill out. My disability originally started in September.

Although it may seem like the same, you've actually got two different issues here.

For the FMLA violation, you need to be in touch with the Federal Department of Labor. FMLA is a Federal law.


However, the disability question is a state issue that you would report to the DLSE. I'm sorry but I do not have that website or phone number.

There is also the California Family Rights Act (CFRA) to consider. The OP can review the following site as a starter: Family and Medical Leave Act and California Family Rights Act FAQs