Legal Question in Employment Law in California

The Family and Medical Leave Act (FMLA)

Question: If you call in sick using an FMLA day (the company pays for the time off) and you were really sick and incapacitated to perform your duties at work for the 8 hour shift and you had to attend a court date that same day for 2 hours is this misrepresenting the use of FMLA? Would this be considered a part of your activities? What are the restrictions if any? Thank You...


Asked on 12/30/02, 8:00 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: The Family and Medical Leave Act (FMLA)

Under the FMLA the employer can require a medical certification for the leave. If the company allows use of the leave without a medical certification, leaving it to the employee to certify that he or she is too ill to work, that should be sufficient. It is not misrepresentation if the representation was true at the time it was made. In addition, if the court appearance was required by a subpoena, the employer may not discipline the employee for obeying the subpoena, although the employer is not required to pay for such leave.

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Answered on 1/02/03, 2:54 pm


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