Legal Question in Medical Leave in California
How long can a dad take off for a c-section birth?
My wife had complications of Pre-Eclampsia and the HELLP syndrome with our first child which forced her to have an emergency c-section. Now we are nearing the due date of our second child and the doctor has scheduled a c-section for fear of what might happen if she tried to deliver naturally. My question is what length of time am I entitled to take off under the Family Medical Leave Act to take care of my wife, my new bundle of joy, and my 18 month old while my wife recovers from her surgery? Thank you for your help.
2 Answers from Attorneys
Re: How long can a dad take off for a c-section birth?
The answer to your question is not so easy. First off, you must qualify for the Family leave act. The way to qualify is to have worked for the company over a year and the company has 50 or more employees within a 75 mile radius. If these two conditions are not met then you do not qualify for the family leave act.
If you do qualify, you then must go get a doctor to issue the appropriate certificate in order to get time off under the family leave act. The doctor should know what will qualify as appropriate information to qualify. (if he/she does not know you will have to hire an attorney to prepare the document).
Assuming all the above conditions are met, then you may take 90 days off under the family leave act.
Feel free to contact Darrin Lipinsky of our office if you need any additional information (888/292-8888)
Re: How long can a dad take off for a c-section birth?
If qualified as an employee at least a year, for an employer with 50 people, you can get up to twelve weeks with proper proof of need.
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