Legal Question in Medical Leave in California

How can I get medical certification for fmla/cfra for a foster child who is a ward of the court, can my employer still insist on not granting my leave, Social workers, Drs, refuse to fill out cert. forms. they claim confidentuality laws

prevent this

Asked on 2/11/12, 4:40 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If you legally have 'physical' custody of the child, living in your home, then you should be entitled to FMLA leave if you also qualify under all the other requirements.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA medical leave when you are unable to work [or must care for an immediate family member] because of a ‘SERIOUS health condition’ that is properly confirmed and documented by the doctors. The employer can require you to use all accrued unused vacations and leave[s] as part of the 12 weeks, so as to make that portion 'paid'.

Even if you otherwise qualify, if you can't get the doctors to certify all required info to your employer, then the employer does not have to grant leave. Forcing doctors and government agents to comply, even assuming you are correct, would require a very unusual court order, obtained by filing appropriate legal action and motions to compel conduct. Not easy. Not cheap.

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Answered on 2/12/12, 8:05 pm

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