Legal Question in Medical Leave in California

California FMLA

My employer has stated that I must be employed for one year to be eligible for FMLA benefits. I will be going out on Maternity Leave, covered by SDI, for 6 weeks. While out I will reach the one year mark of employment. Am I still excluded from FMLA benefits, due to the one year of employment rule, even if I won't be applying for FMLA beneifts until after my 6 weeks covered by SDI is up?

Asked on 2/23/08, 12:17 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless
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Re: California FMLA

To get FMLA benifits, you must be employed for at least 12 months, and have worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave, and work at a location where the employer employs at least 50 employees. If you are entitled to benefits under that definition, and are denied them, feel free to contact me for legal help.

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2/25/08, 12:21 pm

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