Legal Question in Medical Leave in California

FMLA for two parents - is it doable?

Two (unmarried, but living together) coworkers of mine have an infant daughter who needs surgery. They requested FMLA leave; She was approved, He was denied. The company's reasons for denying him were he does not have sufficient time with the company (8.5 months full-time, plus 5 months from before a layoff) and that if both parents have the same employer, employer is only obligated to grant leave to one of the parents for a given incident.

They asked me to look into FMLA for them, and I would appreciate any help in this area. Specifically:

Is an employer only obligated to provide FMLA leave for one parent? He is only asking for about 1 week, unpaid.

Do they have sufficient cause to contact an attorney on this matter?

I should note that the company employs upwards of 300 people at this location alone.

Thank you for your time.


Asked on 4/22/07, 2:58 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: FMLA for two parents - is it doable?

Eligibility is based on 1250 hours in a 12 month period - if he does not have 12 months, the employer is within its rights. If the lay off was a short period, he may be able to claim a longer period - more facts are needed.

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Answered on 4/23/07, 12:53 pm


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