Legal Question in Medical Leave in California

Family Medical Leave Act

My wife of 40 years has Fiberalgia,and takes a lot of medication. She has a pending Hip replacement surgery . I need to know if I will get paid for taking this medical leave,and how much will i get paid and will my present hmo be covered while i am off work or will i have to pay a portion of it


Asked on 11/30/08, 12:48 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Family Medical Leave Act

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

You can use any accrued paid leave first, and finish out the 12 week period on unpaid leave.

Now, if they violate those rules, contact me for the legal help you'll need.

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Answered on 12/01/08, 1:55 pm


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