Legal Question in Medical Leave in California

I was approved for 480 hours of fmla and my dr's estimate is 3 times month but I have had some flare ups the last 2 months and I have used 6 days a month can they first not count it as fmla and second issue corrective action?


Asked on 9/23/11, 5:13 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

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 medical leave within a twelve month period when you are unable to work [or must care for an immediate family member] because of a ‘SERIOUS health condition’ properly confirmed and documented by the doctor, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The employer can require you to use all accrued unused vacations and leave[s] as part of the 12 weeks, so as to make that portion 'paid'. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.

You need to have your doctor provide proper updates to your 'requirements' as appropriate.

Now, if they violated those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.

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Answered on 9/23/11, 5:23 pm


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