Legal Question in Medical Leave in California

FMLA Eligibility

I dislocated my shoulder and cannot work for 6 weeks. I gave a doctor�s note to my employer stating this. FMLA leave was never mentioned to me. My hire date with the company is 4/4/01 and the injury occurred on 3/30/02, my first day of leave with the Company was 4/1/02. Am I eligible even though the leave commenced 3 days prior? My employer does have over 75 employees at that site on the payroll and I did work over 1,250 hours during the previous year. I read that if they did not inform you within 2 days whether you are eligible or not, then you are eligible. If I am not eligible now, but return in 6 weeks and must go to physical therapy occasionally, is my physically therapy then covered? Can you shed any light?


Asked on 4/03/02, 1:07 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: FMLA Eligibility

Section 2612(2)(A)(i) of Title 29 defines in part an eligible employee as an "employee who has been employed for at least 12 months by the employer with repect to whom the leave is re-

quested".

It would appear that you're a few days short

of meeting the statutorily prescribed time period

for elgibility even though you have the required number of hours(1250).

Read more
Answered on 4/06/02, 2:01 pm


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