Legal Question in Medical Leave in California

Family Medical Leave Act

My father in MN is having a tumor removed from cancer. I live & work in CA, but need to go back for min. 2weeks to assist with his direct care daily. How does FMLA law apply here . What steps are necessary to take inorder to ask my employer for this time off. Protected from termination under this law ?


Asked on 6/13/07, 12:03 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Family Medical Leave Act

The FMLA applies in California, as well as the California Family Rights Act, which is substantially the same thing. If you meet the eligibility requirements (you have been with this employer for at least one year, worked at least 1250 hours within that time and the employer has at least 50 employees within a 75 mile radius of where you work), all you need to do is tell your employer of your need to care for your father and how long you expect to be out for. Your employer may ask for medical certification from your father's health care provider that confirms your father is seriously ill and needs your assistance. Get that as soon as you can. You can take up to 12 weeks off to care for your father.

It is best to address this matter with the Human Resource person responsible for these issues.

I wish you dad well.

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Answered on 6/13/07, 12:13 pm


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