Legal Question in Medical Leave in California
How am I protected if I have a chronically ill child?
My daugther suffers from a serious seizure disorder, we are home with her condition a lot with numorus ER and ICU visits. I had the FMLA papers filled out by her doctor, but was told it doesnt apply because we do not have over 15 employees, however we share an office with a sister company that has well over 15. Her illness is on-going and I need to know what my rights are. I have worked for this company for over 10 years and theres never been problem before. When I have to take time off to be with my child, they do not pay me but I do not use my vacations time either. But, now I am being told FMLA doesn't apply in my situation.
Can they just change their minds? If this is a critacally ill child and I never know when she is going to be hospitalized, I cannot take 12 weeks off and then have her be better. I have loads of medical documentation to give them to back up my situation. She is chronically ill and is hospitalized at least every two months or so.
2 Answers from Attorneys
Re: How am I protected if I have a chronically ill child?
IF the two companies are close enough to 'tie together' legally, then you may be able to assert FMLA rights. You would still be limited to the time granted under FMLA and the other rules. Feel free to contact me if you think you can show facts enough to make the claim. I've been doing employment and discrimination law for over twenty years.
Re: How am I protected if I have a chronically ill child?
That you share an office might mean that you have more than 15 employees for FMLA purposes -- the test is whether the two companies are inter-related -- do they share HR employees at both companies, do they share accounting and payroll, how related are the companies. . . this is a factual inquiry that depends on a number of factors -- feel free to send more info to my private email. . .
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