Legal Question in Medical Leave in California

Family Medical Leave Act

I have been on medical disability and

am supposed to return to work in May.

I still have not been able to take any

of my FMLA since the birth of my

daughter on June 18, 2008. Am I able

to take the FMLA starting in May since

I haven't been able to use those

benefits?


Asked on 4/13/09, 3:38 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Family Medical Leave Act

Nice try. You snooze, you lose. Actually, you were on the leave, you don't get to double dip by trying to take it later when there is no medical basis for it. If your doctor places you on medical leave or if you require leave to care for a family member with serious medical problems, then apply for the unpaid FMLA leave you would be entitled to.

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Answered on 4/13/09, 5:59 pm
Terry A. Nelson Nelson & Lawless

Re: Family Medical Leave Act

Nice try. You snooze, you lose. Actually, you were on the leave, you don't get to double dip by trying to take it later when there is no medical basis for it. If your doctor places you on medical leave or if you require leave to care for a family member with serious medical problems, then apply for the unpaid FMLA leave you would be entitled to.

Read more
Answered on 4/13/09, 8:16 pm


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