Legal Question in Medical Leave in California

I currently work for the city as a part time employee with no benefits. Ive been employed with the city since 2007 and have only gotten one evaluation since my time working there (2008). 5 years later amd I have not received or heard a mention of any evaluation or benefits I could possibly acquire after working so many hours. My fiancee just recently had our first child and they told me i didnt qualify for the family medical leave act and now it seems like the city is trying to get rid of me. Is there any law or anything I can do to protect the money that should be entitled to me? I feel like they have neglected my potential benefits I should have and they lied to me about the qualifications for the FMLA saying I havent worked 1250 hours when ive been there for six years.

Asked on 4/04/13, 8:58 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

"Entitled" to money?

If your CA employer has at least 50 employees, and you are employed for at least 12 months and 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 / CFRA maternity / medical leave when you are unable to work or must care for an immediate family member.because of a ‘SERIOUS health condition’.

If you participate at your job in the State Disability Insurance (SDI) Program, you are entitled to a maximum of six weeks of partial pay under the Paid Family Leave Act while taking time off from work to bond with a newborn baby.

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Answered on 4/05/13, 1:32 am

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