Legal Question in Medical Leave in California

Fmla

My fmla 12 weeks is almost up and i am still not abel to return to work. Can i file for an extension?


Asked on 2/13/09, 9:07 pm

3 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: Fmla

were you off from a work related injury?if so, you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation

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Answered on 2/16/09, 3:13 pm
Terry A. Nelson Nelson & Lawless

Re: Fmla

You can ask for anything you like. The law provides 12 weeks, only.

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Answered on 2/13/09, 9:08 pm
Terry A. Nelson Nelson & Lawless

Re: Fmla

You can ask for anything you like.

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 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, and must allow up to 4 months of unpaid pregnancy leave under FEHA.

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 maternity/medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you qualify for both, you get both. If you are out longer than those guarantees, they can fire you.

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

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Answered on 2/13/09, 9:09 pm


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