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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37072
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Employee request FMLA, PTO and Bereavement leave. Family

Customer Question

Employee request FMLA, PTO and Bereavement leave. Family passes prior to the the start of them FMLA. Can the employee be terminated for taking the leave?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

While I can't see your company having an objection to you applying for and taking both your accumulated PTO and bereavement leave in this situation if it is offered by your company, the FMLA as it relates to a close family member leave is only legally authorized if that family member has a serious medical condition. There is no bereavement benefit in the FMLA.

So, if you applied for FMLA leave and before you started on that leave and your family member died, then you would legally no longer be eligible for FMLA leave---but only leave that your company might allow under a PTO or bereavement policy they have.

If an employee applies for FMLA leave and takes it when they are not otherwise qualified to take it because their family member is no longer has a serious medical condition---either because they have recovered or they have died---then that employee may be disciplined for taking the leave anyway and not notifying their employer of the change in circumstances that disqualifies them from leave under the FMLA. That discipline could be anything from a warning up to termination.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

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