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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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I have fmla at my job, I was at work and became sick because

Resolved Question:

I have fmla at my job, I was at work and became sick because of my condition. My supervisor said that even if my illness was due to my condition, I cannot consider it fmla because I was not absent for eight hours according the hours I have am allowed off for fmla. I feel if my doctor has stated I am unable to work because of my condition and I have to leave from work because of it. Why would this not be under fmla
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to answer your question.

In order to be eligible for FMLA leave, an employee must have a "serious health condition," have worked for their employer for at least one year, and worked roughly 30 hours per week (on average) during that year. Also, only employers with at least 50 employees within 75 miles of the employee’s worksite are required to provide FMLA protections.

Assuming that these criteria are satisfied, there would be no barrier to an employee's request for FMLA leave. The "serious health condition" doesn't need to arise from a pre-existing disability or condition, and it is not necessary for an employee to be absent for 8 hours to have their leave designated as FMLA.

The botXXXXX XXXXXne is that if your doctor believes you have a serious health condition and you satisfy the other criteria for FMLA articulated above, your employer cannot object to your FMLA request or retaliate against you for proceeding with it.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Very best wishes and happy holidays to you.

Patrick, Esq., Lawyer
Satisfied Customers: 6786
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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