Legal Question in Medical Leave in California
Is Father-In-Law considered immediate family
My friend works in an office as the scheduler for a security company. She is legally married. Her husband is disabled and on Dialysis 2X week and needs constant care( she is now applying for IHSS help). Her husbands father passed away. She had to take 3 days off work to handle the funeral arrangements and attend the funeral as her husbands proxy since he was obviously unable to do so.
The owner and the office manager of the security company approved the emergency time off only now after her return to work claim she is ineligible for fmla because in-laws are not counted as immediate family in california. They stated that security companies have different set of rules than many other employers and that their law firm has informed them of this. Now our question...is this true? How do we find out what the fmla has to say about security companies in california. Thank You.
2 Answers from Attorneys
Re: Is Father-In-Law considered immediate family
I don't agree that security companies have a different set of rules or are exempt from the requirements of FMLA, assuming they meet all the criteria covered under the law. However, that is not your friend's problem.
The real problem is that making funeral arrangements and/or attending funeral services are not protected activities under state or federal law. While one would expect an employer to be gracious enough to allow for such need (indeed, many companies allow bereavement leave) that is not protected under the FMLA or CFRA. Careing for your friend's ill husband would be.
Re: Is Father-In-Law considered immediate family
FMLA says nothing different about security companies, but it doesn't cover in-laws as a reason for leave. However, it they approved the leave before hand, they are bound to that decision for the approved leave. Whether FMLA or not, it would be unpaid time off unless company policy says otherwise.
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