Legal Question in Employment Law in California

can i be fired for leaving work to pick my ill daughter. (vomiting)

can my employer fire me for leaving work after i have been notified that

my child is ill.(vomiting)? last week i had to leave work because of this

and this week at a meeting the bosss told us we cannot leave in this

situation . is this anywhere near legal?


Asked on 3/23/06, 12:02 am

1 Answer from Attorneys

Patrick Turner Patrick E. Turner Inc. APLC

Re: can i be fired for leaving work to pick my ill daughter. (vomiting)

Two possible sources of job protection are provided by California law. The first, commonly known as the California Family Rights Act or "CFRA" provides job protection for qualified employees of up to 12 weeks leave to care for a seriously ill family member. However, this law only applies to employers with 50 or more employees, and is only available to employees who had been with the employer for over a year and who have worked 1250 hours in the preceding 12 months.

The second source of possible protection exists if your employer provides annual sick time. California law provides that employees who accrue sick time annually can use up to one half of that accrued time to care for a sick family member.

From a practical standpoint, it would be advisable to contact your employer's human resources representative to discuss the situation. If you are ultimately terminated under these circumstances, however, you should speak with an employee rights attorney in your local area to determine your rights and options.

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Answered on 3/28/06, 4:59 pm


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