Legal Question in Medical Leave in California
Leaving work to pick up children from the babysitter
My wife called me before the start of my swing shift to let me know that she was home sick with the flu. She asked if I would pick up the children and watch them while she rested and recovered. I explained the situation to my supervisor, he told me to go home. I asked how this absence would affect me and was told that I would be put down as being ''sick''. I was also told by another supervisor that inorder for this to qualify as FMLA I would need to bring a doctors note for my wife. When I returned to work, I was immediately suspended until I brought in a doctors note for my wife. Can they do this?
1 Answer from Attorneys
Re: Leaving work to pick up children from the babysitter
This does not sound like a situation that is covered under FMLA because you were not needed to care for your wife, due to a serious illness. True, you were helping her out by watching the kids but that is not what the FMLA was written for.
However, you did receive authorization to leave early by your boss and relied upon that, which should be pointed out. Nevertheless, if all they want is a doctor's note for your wife, why not just produce one?
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