Legal Question in Medical Leave in California

Re: When does FML begin?

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. Use of your 6 weeks paid accrued leave means you have 6 more due you as unpaid leave.

If you are out longer than those guarantees, they can fire you.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Now, if they violate those rules, contact me for the legal help you'll need.

Re: When does FML begin?

Family medical leave is unpaid -- and you are entitled to 12 weeks. If you don't have 12 weeks of PTO on the books, the remainder of your time off would be unpaid.