Legal Question in Medical Leave in California
Caring for disabled spouse while employed.
Can a spouse use the Family Medical Leave Act to request an employer let them work from home a couple days/wk. and care for a disabled spouse? The disabled spouse currently lives over 120 miles from the other spouse's employer so they are apart 5 days/week. This hardship could be improved with telecommuting.
1 Answer from Attorneys
Re: Caring for disabled spouse while employed.
The family leave laws do not specifically require employers to accomodate employees by allowing them to telecommute from home while caring for an ill spouse. However, if it can be shown that everyone can benefit from such an arrangement, and no hardship or disruption may be caused the employer's business, this may certainly be discussed. Whether the employer's refusal to agree to such an arrangement is illegal has not yet been determined in the courts.