Legal Question in Medical Leave in California

paid time off

does the father get paid time off after the mother gives birth when all of his vacation/sick time is exhausted.


Asked on 2/06/09, 2:57 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: paid time off

Leave: Yes.

Paid: No.

FMLA covered employers must grant an eligible employee an UNPAID leave for one or more of the following reasons:

� for the birth and care of the newborn child of the employee;

� to care for an immediate family member (spouse, child, or parent) with a serious health condition.

rights and benefits as an eligible FMLA employee:

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

Now, if they violate those rules, contact me for the legal help you'll need.

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Answered on 2/09/09, 1:33 pm
Adam Telanoff Telanoff & Telanoff

Re: paid time off

Paid Family Leave is available from the EDD if you qualify.

Check http://www.edd.ca.gov/Disability/FAQs_for_Paid_Family_Leave.htm

for details.

Pay is not from your employer, but from the State.

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Answered on 2/08/09, 6:35 pm


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