Legal Question in Medical Leave in California

intermittent leave for ill spouse

can the intermittent leave be used in hourly incriments with little to no notice for emergencys, such as er visits?


Asked on 10/25/06, 2:51 pm

1 Answer from Attorneys

Beth Mora Cooper & Mora, A Professional Corporation

Re: intermittent leave for ill spouse

Yes, as long as all of the requirements under the law are met:

1. Your employer has over 50 employees within 75 miles from your work place.

2. You have worked for your employer at least one year.

3. You have worked at least 1250 hours in that one year.

4. You have not already taken over 12 weeks of paid or unpaid leave in that one year.

5. You are taking time for your own or your family members serious health condition. Family member does not cover every one - like in laws, etc...

Make sure when you get to the ER, to get a doctor FMLA note and provide it to your employer's Human Resources immediately upon your return.

If you have any problems, contact our office or an attorney in your area. Best of luck.

Sincerely, Beth Mora

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Answered on 10/27/06, 6:06 pm


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