Legal Question in Medical Leave in California

medical leave

my step mother has cancer and is bed ridden was expected to live one week,five weeks later she is still here. My father is 77 years old ,with a bad heart and needs full time help with her .I moved this year and have worked only 51/2 months with this job. Will I be able to take a leave and have them hold my job,also can I collect disability. I have worked full time for years,just not with this employer.


Asked on 11/11/08, 1:00 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: medical leave

Unfortunately, you will not qualify for job protection under the family leave act. Employees must have been employed, full-time, with the same employer for one year before they are eligible to take time off for family care. You will simply have to hope your employer has a heart and will work with you as an act of kindness. But the law will not require them to hold your job for you.

It is not clear why you believe you can collect disability. You have to be disabled. Disability benefits are not awarded to caretakers of the disabled. You may, however, be able to collect unemployment if you can show you left your job (should you be dismissed) for good cause.

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Answered on 11/11/08, 5:13 pm


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