Legal Question in Medical Leave in California

husband cant be home alone

My husband has recently taken a fall on July 29th at a sporting event where he slipped, tripped and fell and his his head and left rib cage Since his fall he is very confused and has a hard time with his memory. The Drs have ruled out stroke and no bleeding in the brain, and she has called it post concussion. His ribs are possibly fractured and awaiting the test now. He has a scheduled mri of the neck as the doctor said when he fell it may have caused nerve damage that would make him act the way he does. I have no one to stay home with him and am looking into the fmla to stay with him while we find out whats wrong with him. I will not recv pay from work, but am I entitle to any money from disability to help pay me staying home with him during this time?


Asked on 8/12/07, 11:58 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: husband cant be home alone

There are two types of disability programs you may be thinking of, but I do not think either will pay benefits to you as a caretaker of a spouse who is disabled. One program is implemented through the State of California's Employment Development Office, more commonly know as "SDI". I doubt this program applies to you, however, you may meet the criteria to receive unemployment benefits if you are unable to work through no fault of your own. You should contact EDD and ask if you are eligible.

The other disability program is through private insurance some employers offer. But again, I think most of these insurance plans only offer benefits to the person who is disabled, not their caretaker. Won't hurt to ask, if your company offers such a plan.

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Answered on 8/13/07, 4:43 pm


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