Legal Question in Medical Leave in California
use of sick leave
I work for a small co. 20 employees. My step-son who lived with us was killed in a car accident.I needed to be gone for 2 weeks. I was only allowed three days bereavement and not allowed to use my sick leave. Does FMLA apply and could I have used sick leave?
1 Answer from Attorneys
Re: use of sick leave
My condolences for your family tragedy.
Unfortunately, FMLA does not apply to companies with less than 50 employees. Nor does it apply to bereavement leave. FMLA was written to allow employees to take time off to care for seriously ill or injured closed family members. It does not extend to the need to take time off when a family member passes away. Perhaps the law needs to be amended, but even then, it probably would not effect smaller employers.
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