Legal Question in Medical Leave in California
Cmla eligibilty requirements
What must an employee submit to his/her employer, ie
papers from medical source, to substaniate the use of
california medical leave or can I tell my employer I
leaving because I have a migraine or have a sick parent whom I must tend.
1 Answer from Attorneys
Re: Cmla eligibilty requirements
You are eligible for medical leave under FMLA for a "serious" health condition, which makes you unable to perform the functions of your position. This must either require hospital care or you must be under continuing care by a physician. It is arguable whether taking time off for a migraine would suffice. Your doctor must verify the severity of the illness and the need for continued treatment. You cannot simply leave work due to a headache and take advantage of FMLA. Your parent must qualify under the same criteria and you must provide a medical statement showing that your parent requires your participation in the treatment or care of their illness.
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