California Employment Law
California Employment Law Questions Answered by Legal Experts
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:
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. It has been my pleasure to assist you today. I hope I have provided you excellent service. Kindly remember to rate my answer only when you are fully satisfied. If you feel the need to rate my service as either “Bad” or “Poor”, please stop and use the REPLY TO EXPERT to keep talking. I am happy to assist you with whatever issue or clarification you may need and will take the time to explain any concern to your satisfaction. If you feel that I am unable to do so, please ask me to have another expert assist me and I will opt out immediately so that you receive the best possible service. Please remember that I cannot control whether the law is favorable to you or not, so please do not jump to a rating before you ask any questions you may have. I do not know what you may already know or with that you need help with unless you tell me. Additionally, please remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law as it applies to your case.I wish you the best in 2012. After fully reading the answer, please remember to press the happy face on the bottom of your screen when we are finished with our communication so I will be credited for my time in assisting you. Have a wonderful rest of your day.
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.
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