Legal Question in Employment Law in California

Re: Sick Time

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for up to 12 weeks of unpaid FMLA/CFRA medical leave when you are unable to work [or must care for an immediate family member] because of a �serious health condition�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.

If you requested emergency FMLA/CFRA medical leave when you called, or made it clear from the facts that was the situation, you are possibly in at least a gray area of protection.

Your problem is that you are really talking about a temporary problem that should more reasonably be covered by 'sick leave' policy details. Review of those policies in light of your facts would be necessary to see if you were protected by your call-in.

Now, if they violated the rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years. It may be possible to get the 'warning' withdrawn by your attorney contacting the company and negotiating the situation.

Re: Sick Time

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for up to 12 weeks of unpaid FMLA/CFRA medical leave when you are unable to work [or must care for an immediate family member] because of a �serious health condition�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.

If you requested emergency FMLA/CFRA medical leave when you called, or made it clear from the facts that was the situation, you are possibly in at least a gray area of protection.

Your problem is that you are really talking about a temporary problem that should more reasonably be covered by 'sick leave' policy details. Review of those policies in light of your facts would be necessary to see if you were protected by your call-in.

Now, if they violated the rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years. It may be possible to get the 'warning' withdrawn by your attorney contacting the company and negotiating the situation.

Re: Sick Time

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for up to 12 weeks of unpaid FMLA/CFRA medical leave when you are unable to work [or must care for an immediate family member] because of a �serious health condition�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.

If you requested emergency FMLA/CFRA medical leave when you called, or made it clear from the facts that was the situation, you are possibly in at least a gray area of protection.

Your problem is that you are really talking about a temporary problem that should more reasonably be covered by 'sick leave' policy details. Review of those policies in light of your facts would be necessary to see if you were protected by your call-in.

Now, if they violated the rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years. It may be possible to get the 'warning' withdrawn by your attorney contacting the company and negotiating the situation.