Legal Question in Medical Leave in California
Fmla
My husband is expected to require 14
weeks of treatment for a medical
condition. He is using 6 wks accrued sick
leave now. If he files for FMLA at the end
of this, can they fire him after 12 weeks,
even though he has 2 weeks treatment
left? Is there a special form he needs to
file for FMLA, and when?
Asked on 1/19/07, 2:57 am
1 Answer from Attorneys
Terry A. Nelson
Nelson & Lawless
Re: Fmla
No special form, but make the request clearly in writing. He's entitled to 12 weeks FMLA, and they may make him use his vacation as part of it. Get a clear answer from the company now about the remaining two weeks, in writing. Request it be covered by FMLA leave, waive this year's vacation, do whatever you have to.
Answered on 1/22/07, 9:06 pm
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