Legal Question in Employment Law in California

Family leave and vacation policies

My husband is an RN, employed full-time on salary

for a physician who employs about 12 others full time.

1. Recently I was diagnosed w/ a serious medical condition requiring surgery. He took three days off work to go with me for consultations specialists. He took another eight days off to accompany me to LA for surgery. There is no family leave policy in place at my husband's employer's office. What is the employer's financial/employment obligation to my husband?

2. There is no vacation policy in place at this

physician' office. Aren't all California employers obligated to provide two weeks paid vacation to full time employees? If not, what is the employer's vacation obligation to the full-time employee?

Thanks for your help.


Asked on 9/13/99, 1:58 pm

2 Answers from Attorneys
Roger Renfro Renfro & Associates Law Corporation

Re: Family leave and vacation policies

Since your husband is employed by a California employer, the only source for statutory protections against discriminatory treatment with respect to family medical leave is the federal Family Medical Leave Act and California's equivalent (see Gov't Code Section 12945.2 et seq.). Neither of these statutes appear to apply to your husband (e.g., his employer regularly employs less than 50 employees). Thus, it would appear your husband's employer may exercise its discretion with respect to granting time off from work, irrespective of cause or reason. You may want to advise your husband to seek legal advice anyway, however.

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Answered on 9/15/99, 11:39 am
Ken Koury Kenneth P. Koury, Esq.

Re: Family leave and vacation policies

No employer is ever rwequired to give any employee any vacation time nor are they required to give any sick time unless they fall under the Family Leave act which covers certain employers with 50 or more employees.

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Answered on 9/14/99, 8:42 pm


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