Legal Question in Disability Law in California

Re: ADA or FMLA for parents of a special need child

The answer is probably 'maybe'. CA has the FMLA that provides unpaid 'emergency' type leave to care for immediate family. But, it might be bendable enough to provide for your circumstances. It may be enough for me or some other attorney to write a crisp letter and get them to change their position. Contact me if interested in discussing the detaile, costs, etc.

Re: ADA or FMLA for parents of a special need child

If the employer is covered by the FMLA -- or in California, the CFRA -- meaning that they have over 50 employees within a 75 mile radius, and if you have worked for the employer for over one year and have over (I believe) 1240 hours of service in that year, the employer will have to give you that leave -- unpaid, unless the employee has a separate policy about paid leave. You should request the leave in writing. The employer has the option of determining whether your daughter has a "serious medical condition," by requiring that you have her evaluated by the employer's doctor. (Employer cannot retaliate against you for asking for this leave.) Good luck.

Further questions: (new address) Alden Knisbacher, Attorney at Law, 444 De Haro Street, Suite 205, San Francisco, CA 94107 (415)522-5200.