Legal Question in Employment Law in California

California law re: sick leave vs. FMLA

What steps should I take to get leave of absence/paid or unpaid sick leave from my company? If I feel that my health is in jeopardy what are my options to get some time off and not lose my job? I have indicated to my boss that I am stressed, burned out and need a break. She refuses to approve vacation.

I have been employed for 9 mos. Company has more than 50 employees and uses a PTO system (time off accrued over time)Cannot find policy regarding sick leave. I was became very ill earlier this year because of the stress of my job. As a result, no PTO left.


Asked on 3/27/01, 7:34 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: California law re: sick leave vs. FMLA

Your only option may be workers' comp. claim. You have not been there long enough to qualify under the FMLA or CFRA. See a doctor and get a complete exam and diagnosis. Also, check into whether the company offers short-term disability insurance.

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Answered on 6/03/01, 3:57 pm


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