Legal Question in Medical Leave in California

FMLA while on 48/50 time

My employer is forcing an employee to file FMLA paperwork while he is actively on Industrial Injury Leave. Is this legal?

Other employees have also been given a letter from the employer that ''per the law family medical leave is not a right''. Is this statement inaccurate? It seems to me that this leave benefit is quite the contrary. Thanks for the attention.


Asked on 4/21/05, 12:34 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: FMLA while on 48/50 time

FMLA is not to be used for WCAB injuries in this way. Try to resolve it with the employer without getting fired for insubordination.

12 weeks leave under FMLA is a right, if the employer has more than 50 employees, and if the medical reason qualifies under the law, and if the employee follows the law in requesting and justifying it with doctors statements, etc.

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Answered on 4/27/05, 5:56 pm


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