Legal Question in Employment Law in California

I have had to miss a week of work due to my one year old son being very sick. If my employer lets me go, am I eligible for unemployment benefits?


Asked on 10/01/09, 1:42 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Generally, an employee who loses their job through no fault of their own, is qualified to receive unemployment insurance. But the larger question is whether you may be eligible for FMLA leave. If your employer has more than 50 employees within a 25 mile radius of where you work, and you have worked, full-time, for this company for a year or more, you should be able to take the time off to care for your son without losing your job. If you meet this criteria, ask the HR manager for leave under the family medical rights act. They can ask for medical certification that your son is very sick but they must hold your job for you if you qualify.

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Answered on 10/01/09, 1:51 pm


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