Legal Question in Medical Leave in California
We are a free standing restaurant in southern California. The sous chef is the third highest paid manager in the team. we staff about 70 employees. he is salaried and with the chef make the management team for kitchen in the restaurant. He has take 4 of 6 weeks FMLA starting this past June for a healthy child born in early march. He plans to take the next 2 weeks at his discretion...maybe next January. is he entitled to do this? thanks
1 Answer from Attorneys
NO. FMLA leaves are for specific purpose. The general rule I tell employees is:
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 when you are unable to work [or must care for an immediate family member] because of a �SERIOUS health condition� [that is properly confirmed and documented by your doctor], continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The employer can require you to use all accrued unused leave[s] as part of the 12 weeks, so as to make that portion 'paid'. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider. Being out sick with the minor illness or injury does not fall within the protections.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
