Legal Question in Medical Leave in California

I had a bad cold for about 5 days , i couldnt be absent from work because they said i had no sick time available plus i was placed on a verbal from 3 months ago in december 2011..finally my body gave up i ended up going home & was absent for 2 days docters orders to rest at home , human resource told me to apply for fmla job protection because it was 3 days or less & metlife denied my claim because i needed to be out for 3 days or more metlife told me .is that correct

Asked on 1/05/12, 2:33 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You or your employer may be confusing issues. Metlife, which I assume is the company's short-term disability insurer, has nothing to do with FMLA leave. Assuming you are eligible for FMLA leave (the company must have at least 50 local employees and you must have been with them on a full-time basis for at least a year), you should be eligible for protection if you were seriously ill and unable to perform the essential functions of your job due to that illness. There is no 3 day requirement, though the employer may require you to obtain medical certification from your doctor. This does not mean the employer must pay you for your time off, though you can opt for vacation pay or any sick pay left, nor does the insurer have to cover you if you do not meet its eligibility requirements.

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Answered on 1/05/12, 2:57 pm

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