California  |  Medical Leave

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5/28/07, 2:36 am

Legal Question


How am I protected if I have a chronically ill child?

My daugther suffers from a serious seizure disorder, we are home with her condition a lot with numorus ER and ICU visits. I had the FMLA papers filled out by her doctor, but was told it doesnt apply because we do not have over 15 employees, however we share an office with a sister company that has well over 15. Her illness is on-going and I need to know what my rights are. I have worked for this company for over 10 years and theres never been problem before. When I have to take time off to be with my child, they do not pay me but I do not use my vacations time either. But, now I am being told FMLA doesn't apply in my situation.

Can they just change their minds? If this is a critacally ill child and I never know when she is going to be hospitalized, I cannot take 12 weeks off and then have her be better. I have loads of medical documentation to give them to back up my situation. She is chronically ill and is hospitalized at least every two months or so.


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