Legal Question in Medical Leave in California

intermittent leave vs full leave

My husband has terminal cancer. I have requested intermittent leave. Over the past 6 weeks his condition has worsened, he needs several procedures and I have had to take off in short notice, without treatment he could die shortly. Once these procedures are done he should not need as many trips to er and hospital. My supervisor told me she wants me to take a leave of absence and not to come back until he is well. Since he is terminal I'm not sure if I she will allow me to come back when the procedures are done. Can she force me to take a full leave of absence? I'm concerned that if I take the leave now, if he takes a turn for the worse in 6 months I won't be able to take off to be with him.


Asked on 11/10/06, 9:09 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: intermittent leave vs full leave

If you are qualified for leave, the law allows you to take up to your max number of days of leave intermittently. The company must accommodate your medically necessary 'reasonable' use of the leave, hold your job for you, and not retaliated. Contact me if you need legal help in this.

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Answered on 11/17/06, 5:34 pm
Alden Knisbacher knisbacher law offices

Re: intermittent leave vs full leave

You are allowed intermittent leave under the FMLA/CFRA (California's version.) It makes sense to document the contacts with your supervisor -- feel free to contact on my private email . . . this is a public board. Good luck.

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Answered on 11/17/06, 3:17 pm


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