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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1845
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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My father had a stroke he lives 150 miles away with my sister.

Customer Question

My father had a stroke he lives 150 miles away with my sister. I left early from work and missed the following day he has blockage in his main arterys in his neck and had temperary amnesia. he still in the icu... am i covered under fmla in ohio... and will i be covered for his upcoming surgery?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 2 years ago.

First, you have to determine if you are qualified under FMLA in order to grant you leave, and then you have to decide if your fathers stroke qualify. I will answer each part separately, though this document will answer many of your questions for you:

 

http://www.dol.gov/whd/fmla/employeeguide.pdf

 


You qualify under FMLA leave if your employer has at least 50 employees, you have worked for at least 12 months, for at least 1250 hours and the 50 emploees are within 75 miles of your worksite.

If you qualify above, you may take FMLA leave to care for a parent with a "serious health condition." Thus, depending on the severity of the stroke will determine if this qualifies. If your father is in the hospital overnight, or if he is unable to work for more than 3 days, or if he is undergoing ongoing medical treatment, then this will qualify. It sounds like you have more than enough facts to qualify under this prong.

If you satisfy both prongs, all you need to do is request to your employer that you need to take some time off for your father's "serious medical condition" under the FMLA. Your employer needs to provide you leave within 5 days of your request.

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Expert:  Brandon, Esq. replied 2 years ago.

So, in short, if your employer has 50 employees, you have worked for at least 12 months, for at least 1250 hours and the 50 employees are within 75 miles of your work site, and you specifically requested FMLA leave then you are protected.

Expert:  Brandon, Esq. replied 2 years ago.

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Brandon, Esq.
Brandon, Esq.
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334 Satisfied Customers
Has received a certificate of recognition from the California State Senate for his outstanding legal service.