Legal Question in Medical Leave in California

Paid Medical Leave for small business (less that 50 employees)

Hello. My wife was put on paid

medical leave by her employer on

July 21. He is still requiring her to

interview her interm replacement,

train them, and review ALL the work

this person does. Her medical issues

have not been addressed and he just

took her off medical leave, is that

legal. She is an accountant for 4

businesses owned by the same

employer. Her pain is debilitating and

an exploratory surgery has a date but

it's a month away. What are her

rights? By the way, the employer

has not paid payroll taxes for years.

thanks for your help and information.

i cannot seem to find any info for

businesses with less than 50

employees (more like 12

employees).

again thank you. i look forward to

your response.


Asked on 7/29/08, 12:46 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Paid Medical Leave for small business (less that 50 employees)

You can't find any info because there isn't any. Less than 50 employees means she is not protected, unless the company policy says so in her situation. If she was legally protected, she would only be entitled to 12 weeks of UNPAID leave, plus benefits continuation. Sounds like she ought to cooperate with the employer to work out a deal with them if possible.

Threatening them with reporting 'unpaid payroll taxes' is not a winning strategy, as it amounts to extortion.

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Answered on 7/29/08, 1:09 pm


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