Legal Question in Medical Leave in California

Intermittent Leave FMLA Minimum Duration

Can an employee who has a child with asthma and child is also sick with pneumonia, request intermittent FMLA leave for 2 hrs a day for a period of 5 workdays, to give the child medicine? She has not previously requested FMLA for the child's asthma, but has stated the child gets sick from asthma every spring. We have not yet recieved the doctor's certification of the medical condition. However, does this qualify and what is the minimum requirement for intermittment FMLA leave?


Asked on 4/30/03, 1:33 am

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

Re: Intermittent Leave FMLA Minimum Duration

Yes, an employee can ask for intermittent leave to care for a seriously ill child. The total leave time may equal 12 weeks, if all other criteria are met. The employer does have the right to ask for medical certification, if the issue is in doubt.

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Answered on 5/05/03, 11:44 am


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