Legal Question in Medical Leave in California
leave of absence for a family member
I am recently going through an illness in my family and have taken a leave of absence without pay. My general manager has told me that i would not get paid for this leave because i am not ill or disabled myself. However, i was told by many people that i am elegable bacause i am taking care of my mother who has breast, lung, and liver cancer and is terminally ill. She might go at any time now. She is currently at hospital in the icu ward and has been there for almost three weeks. She is going to be transfered to a rehab and care facility tomorrow and i will be the only one that can be by her side to help her. No one else can watch over her and that is why i have taken leave from work. Am i eligable to receive the fmla leave of absence with pay? I have used all of my vacation time from work up to this point. Thank you for your time.
1 Answer from Attorneys
Re: leave of absence for a family member
The Family Medical Leave Act and its state counterpart, the California Family Rights Act, allow you to take up to twelve weeks of UNPAID leave to care for a family member who is seriously ill, provided your employer has 50 or more employees within a 50 mile radius. There is no provision for paid leave in either of these statutes.
You may be eligible through the state for paid family leave, which is distributed by the Employment Development Department - the same agency which provides unemployment and disability benefits. You should check with them as soon as possible to find out if you are eligible for this benefit. If so, you could receive a percentage of your pay for up to 6 weeks.
Regardless, your employer is only required to hold a job for you for twelve weeks. If your leave extends beyond that, they will be permitted to terminate your employment.
It is unlawful for your employer to retaliate against you for taking the leave - so if you fel that is an issue, please contact us directly to talk further. Thanks and good luck!
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