Legal Question in Medical Leave in California

Medical Leave then change to Family Leave If possible?

Hi, sorry for my bad english. A month ago, i was on medical leave, i had faxed a MD's cerification to HR for month off. After a month, HR sent me a letter and need my diagnosis note, medical history etc.. Without provide then this diagnosis note within next 5 business days, they will be consider i have Voluntarily Terminate my employment. Just wonder can they do that and are there any different of Voluntarily Terminate and Voluntarily Resignation? So, i called HR and they told without provide they diagnosis note, they want me back to work on next 5 business days. But, i told i can't due to have my month just have Eye Surgery. Now, i can extent my Leave by using Family Leave to take care my mon?


Asked on 5/09/07, 5:50 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Medical Leave then change to Family Leave If possible?

The size of your employer is very important. If it employs at least 50 or more employees within 75 miles of where you work, and you have worked there, full-time, for a year or more, you probably qualify for medical family leave, which means the employer must give you up to 12 weeks off for a serious illness or injury. While you are required to provide certification from your doctor that you are unable to perform you job duties, the employer cannot require that you provide a diagnosis or medical history. This information is private and personal. You should consult with an employment law attorney in your area, or contact your local office for the Dept. of Fair Employment and Housing.

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Answered on 5/09/07, 12:19 pm
Alden Knisbacher knisbacher law offices

Re: Medical Leave then change to Family Leave If possible?

The employer is required to give you 15 days to provide a doctor's note if the employer is challenging your right to family/medical leave -- if you only took a month, you should be able to take more time to care for a family member's serious health condition -- and, yes, assuming that the employer employs over 50 employees in a 75 mile radius, and you've worked 1250 hours in the past year. . . . feel free to respond to my private email with more details and your phone number if you want to talk further. Good luck.

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Answered on 5/09/07, 12:54 pm


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