Legal Question in Medical Leave in California
Can my latest absences be counted in the FMLA?
My daughter is severe astmatic. I took FMLA last year for her being in the hospital. In the last week I've had to take off so far 4 days for her asthma. Can this automatically fall back on that FMLA since asthma is a continous condition? My employer is threatening to terminate my employment over this.
1 Answer from Attorneys
Re: Can my latest absences be counted in the FMLA?
For an absence to be considered family leave you must ask for it or the employer must designate it so. You can't just assume it is regarded as family leave. Explain your daughter's medical condition to your employer, show them medical documentation which requires you to be available to assist her and make sure you are eligible. You may take up to 12 weeks per 12 months. If you took time off before under FMLA, you need to determine if you still have time left. Otherwise, an employer can terminate for excessive absence.
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