Legal Question in Medical Leave in California

Re: Employee with unemployed spouse

-The availability of an unemployed spouse has no bearing on whether that employee is entitled to relief. Indeed, using that as a basis for denying leave might well violate the law prohibiting martial status discrimination.

Re: Employee with unemployed spouse

One of the requirements to be eligible for family care leave is that the employee spouse is needed to participate in the provision of care for the family member who is seriously ill. The employer may require a statement from the health care provider verifying this fact. In some situations, it may be necessary for the employee spouse to participate or supervise the treatment or care, even if the non-employee spouse is also available. I would advise the specific reason(s) to be articulated in a doctors note for the employer.