Legal Question in Medical Leave in California

Notification of Family Medical Leave

I have been working for my company for almost two years now. My superviosor has known that my daughter is asthmatic and has been sick for a few days in the ast I have taken time offto care for her. I am a single parent. She has not notified me of the right to tht Family Medical leave and has given me a written warning that I may lose my job on the bases of absences. Much of my absences for the past year have been taken out of vacation pay except for approx 3 days. I have missed maybe a total of 3 weeks in the past 12 months. However due to the season and the fact that my 7 yr old daughter has virally induced asthma I have been out with her the past 3 days. My supervisor has once again brought up the subject of termination. My question is if I never knew about the family Medical Leave act before now, would those days still qualify.? What ways can I notify Human Resources of my intention to use the past 3 days? Thanks for your help in this matter any info would be greatly appreciated.


Asked on 10/21/01, 4:22 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Notification of Family Medical Leave

You must specifically request time off for family care leave to be protected under the family leave laws. Otherwise, you may be terminated for excessive absence, even though you have a good reason for the absence. Once requested, the employer must then designate the absence as family leave and confirm this in writing. The employer may require that you provide medical documentation supporting the need for the leave. Please note that these laws only apply to employers with 50 or more employees within 75 miles of where you work.

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Answered on 1/11/02, 1:33 pm


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