California | Medical Leave
Legal Question
Fmla
I have a child who is sick all of the time. I am a single mom. When she is sick, I have to stay home with her. Do I qualify for FMLA?
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Legal Answer
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Read More Answered By: Terry A. Nelson |
Re: Fmla An employer with 50 or more Employees must grant an eligible employee [employed at least 12 months with at least 1,250 hours during the prior 12-months, up to 12 workweeks of unpaid leave during any 12-month period to care for an immediate family member (spouse, child, or parent) with a serious health condition.
A "serious health condition" is defined as "an illness, injury, impairment, or physical or mental condition that involves (A) inpatient care in a hospital, hospice, or residential medical care facility; or (B) continuing treatment by a health care provider."
rights and benefits as an eligible FMLA employee: • continuation of group health benefits during FMLA leave. • restoration to the same or an equivalent job upon return to work. • retention of accrued benefits. • protection from discrimination as a result of taking FMLA leave.
employees must provide 30 days notice for time off due to a foreseeable absence and notice "as soon as practicable" for unforeseen leaves. Such leaves can be 'intermittent' a few days at a time, depending upon all the circumstances necessitating the leave. 'Reasonableness' is required of both sides.
Generally, normal childhood illnesses, sniffles and such do not constitute grounds for leave.
Now, if they violate those rules, contact me for the legal help you'll need.
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