Legal Question in Employment Law in California

Temporary Disability in California

I work for a company that is based in Connecticut. There are 300+ employees in the Conn. office and the company has 10+ field offices around the country. I work in the California office which currently has approximately 20+ employees.

I will be going in for major surgery in early September and have received conflicting information regarding short term disability. I have been told the following:

1) That my employer is required to give me a maximum of 12 weeks leave since the company employees 50+ people.

2) Since the California office employees less than 50 people, they are NOT required to give me any type of leave.

Is my company required to give me the 12 weeks leave as allowed by the Family and Medical Leave Act? Your advice would be greatly appreciated!


Asked on 8/13/03, 2:26 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Temporary Disability in California

Under the Family Medical Leave Act and California Family Rights Act, an employee is entitled to take up to 12 weeks off for a serious medical condition if, among other things, the employer has at least 50 employees within a 75 mile radius of where the employee works. If your company does not have 50 or more employees locally, then they are not required you keep your job open for you. But check with Human Resources and the company's policies and practices anyway. Some employers voluntarily allow time off for medical reasons anyway.

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Answered on 8/13/03, 11:47 pm


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