Legal Question in Employment Law in California

Family Medical Leave Act

Gentle Person,

My employer is covered by the Family Medical Leave Act. My adult daughter, who is 25 years of age, and lives overseas in a small rural village, is going to give birth in three or four months. Her husband, a commercial fisherman, will be unable to constantly attend to her after the baby is born. In your opinion would this situation qualify me for leave under the Family Medical Leave Act? I only need to spend three weeks overseas. Thank you for your kind assistance in this matter.


Asked on 3/24/04, 8:16 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Family Medical Leave Act

In my opinion, if your daughter has a normal birth, this is not considered a "serious illness" of a family member, which would entitle you to leave under FMLA. Leave for birth under FMLA appies to you, nor your daughter.

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Answered on 3/25/04, 5:17 pm
Thomas Pavone Pavone & Cohen

Re: Family Medical Leave Act

Under the FMLA and CFRA, a "child" is a biological, adopted, foster or stepchild or legal ward who is either under 18 or over 18 and incapable of self care because of a mental or physical disability. You will have a tough time meeting this definition unless your daughter has other physical disabilities.

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Answered on 3/25/04, 7:42 pm


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