Legal Question in Medical Leave in California
California Medical Leave Act
I was fired from my job of five years for a negative attitude while my aunt who helped raise me and who I lived with on and off during my childhood because my parents were unable to care for me was dying from cancer. Can she be considered locus parentis?
Asked on 6/22/07, 2:52 am
2 Answers from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Re: California Medical Leave Act
From the facts stated in your question, you would not be protected under the CFRA/FMLA.
Answered on 6/22/07, 12:47 pm
Terry A. Nelson
Nelson & Lawless
Re: California Medical Leave Act
IF you were properly covered by the FMLA and were denied leave or retaliated against for taking it, then you'd have a claim. But, an aunt is not within the act's coverage.
Answered on 6/22/07, 1:04 pm