Legal Question in Medical Leave in California

family leave

My son was born November 15th 2006 and i used one week family leave. In Late october of 2007 my three year old son was hospilized for nine days and i didnt qualify for sick leave because i wasnt the one sick. can i now use 9 days of family leave for that period even though we are now in July 2008 it would have been within one year of my youngest sons birth is there a time limit i have to file?


Asked on 7/06/08, 12:16 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: family leave

Hello.

I am not sure why you didn't take time off when you kid was sick. Under Family Medical Leave Act, if you worked for over 1250 hours during the past 12 months at your workplace, and your employer consists of more than 50 employees, you are entitled to leave under the law whether it's your or your close relatives (children, spouse, or parents) are sick, so you were likely eligible for unpaid leave back then.

You can only use that time when you are eligible and you can use it later just because you didn't exercise your right under the law when in fact you needed it.

Thanks.

Arkady Itkin

[email protected]

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Answered on 7/06/08, 5:55 pm


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