How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4984
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

CALIF FMLA Question: my son is undergoing psychiatric treatment

Resolved Question:

CALIF FMLA Question: my son is undergoing psychiatric treatment for major depression and brief psychotic episode. He was hospitalized on a 5150 last summer for 40 days. He is at home now. I am having a situation where I might need to leave early from my salaried job as a software engineer working for a large-ish Corp. based in California (> 50 employees), so that I can go home and keep an eye on my son each day. This might be 1 or 2 hrs per day, on an irregular basis, that I may need to take off.

Can FMLA help me here? What protections will I get? There is a lot of sabre rattling about doing "death march" hours on current projects and I just can't do that with my son the way he is; he could get violent and/or suicidal again if I'm not there to keep him on track. Can I get these small bits of time off here and there? and for how long (ie, how many days/weeks/months.).

$50 bonus for a good, complete answer.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Yes, you could use intermittent FMLA leave in order to care for your son, since he does have a qualifying condition under FMLA.

You can use intermittent FMLA leave over a larger period of time, up to a total of twelve weeks of leave, in order to care for your son.

You can read more about intermittent FMLA leave under the Code of Federal Regulations, Section 825.202, here:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=abbd92cdff37c5d32de741cc5ccc1e81&rgn=div5&view=text&node=29:3.1.1.3.54&idno=29#29:3.1.1.3.54.2.489.3
Joseph, Lawyer
Satisfied Customers: 4984
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you
Expert:  socrateaser replied 2 years ago.
How old is your son?
Customer: replied 2 years ago.

Thanks.

 

Can you tell me about some specifics re: protection.

 

(1) can I be terminated while on FMLA intermittent leave and under which conditions;

 

(2) is the intermittent timing of the leave (IE, which hours/days I need to be out) determined by me or does the company have a right to tell me I can't take an hr or two when the opportunity arises, if they feel they want me in the office that day?

Customer: replied 2 years ago.

my son is 16.

Expert:  Joseph replied 2 years ago.
1) You could still be terminated while on FMLA leave, but it is unlikely. In order for you to be terminated while on FMLA leave, your employer would need to have an economic reason to do so (such as your position being eliminated due to financial constraints). Otherwise, you have the right to be reinstated to the same or similar position at the termination of your leave.

2) The timing of the leave would need to be approved by your employer, unless you were to need to take time for emergency situations. Otherwise, your employer would be within its rights to require you to stay in the office if you were needed.
Joseph, Lawyer
Satisfied Customers: 4984
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

How is caring for someone who is, say physically ill and requires caretaking daily, protected as an intermittent leave if the employee needs to be there every day, or every other day, and the employer has discretion over "when" the leave can be taken. I find this someone confusing. I can imagine many situations that are not "emergent" but rather "cronic" and "predictable" which require perhaps an hour a day of "leave" and unavailability for extended working hours.

 

If the FMLA doesn't provide protection against being forced to work when you need to be caring for your family member, what is the point of it? If the only time you have control over your schedule for intermittent leaving is to respond to emergencies, then how do family care providers for the medium-term chronically ill get any protection at all? Your answer leads me to believe there is no protection if I leave, saying "I can't work the last hour of this day because I need to monitor my son's post-medication letdown behavior, this day and every day." etc...

 

Thanks for continuing to answer. I need to know these ins and outs before I make a move.

Expert:  Joseph replied 2 years ago.
Sorry, that wasn't what I meant. You would still have the right to take leave when you wanted to, but it would have to be worked out with your employer.

FMLA would stil protect you and you would be able to take off the leave when you needed to take it in order to care for your son.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.