Legal Question in Medical Leave in California

Fmla

In what way would my boss be justified in trying to fire me while on FMLA. After having my leave approved for my boyfriends nephew who is under my care. I assumed that IN LOCO PARENTIS would be sufficient enough for caring. Other documents suggest that I am caring for him also.


Asked on 7/31/08, 7:42 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Fmla

You either qualify for FMLA per the list of immediate relatives the law protects, or you don't. It certainly doesn't say 'boyfriend's nephew' as immediate family. If you were his legal guardian, you might qualify. If the company is saying you are not on qualified FMLA leave and will fire you if you don't return from unauthorized absense, make your decision accordingly.

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Answered on 7/31/08, 2:28 pm


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