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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 116711
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Two questions: california, no, its just a question on child

Customer Question

Two questions:
JA: What state are you in? It matters because laws vary by location.
Customer: california
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: its just a question on child bonding leaves
Submitted: 2 months ago.
Category: California Employment Law
Customer: replied 2 months ago.
can my employer fire me when I am on international business travel? I am on h1b visa.
can i apply for child bonding leaves tomorrow and then inform my employer/manager?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) Unless you have a written contract to the contrary, the employer can fire an employee while they are on an international trip for the employer's business. There is no law forbidding such termination, again, unless your written employment contract forbids such termination.
2) Under CA law, if that is where you are working, you are entitled to your child bonding leave and if you apply for that leave and the employer terminates you, then it can be a violation of the CA law. There is only one exception to that, which is that if the employer can prove you were going to be terminated prior to you seeking the leave, then they could still terminate you even though you have asked for the child bonding leave. You can apply for the leave first and let your HR inform your supervisor, but you have to apply for the leave through your company's HR at least.
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Customer: replied 2 months ago.
if I send email communication today to my employer and manger informing him that I soon plan to take FMLA, he can not terminate my employment if he has not planned for it yet, is this correct? Or I have to already be on the FMLA to be safe, and communication intent is not enough? Reason I am asking is I need to take FMLA but afraid that my boss will dislike it and may terminate my employment on doing so. I want to give him notice in advance bu afraid that he will terminate me between the period when I communicate my intent to actually when the FMLA starts.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
"That I soon plan to take FMLA" is not sufficient, you have to submit your request for FMLA with the documentation. Also, if the employer can show that regardless of whether you ever asked for FMLA (as I said above) you would have been terminated based on some good cause related to employment they can still terminate you.
Your EMPLOYER CANNOT FIRE YOU FOR TAKING FMLA nor can they retaliate against you in any way. So if the employer takes action against you when you file your FMLA request, then legally you would be able to file a complaint with the US Department of Labor for the violation and also sue them for wrongful termination under the FMLA.
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Customer: replied 2 months ago.
Last question. Can I apply for FMLA today, starting today, and then inform my employer? Or am I required to provide notice in advance?
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

You can apply for FMLA today if your doctor will write a report confirming the need for the leave immediately.

Expert:  Law Educator, Esq. replied 2 months ago.

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Customer: replied 2 months ago.
it for child bonding as mentioned in first question. Does it changes any or your responses?
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

Child bonding leave is under CA law, not FMLA, it is under the California Family Rights Act (CFRA) for Personal Family Leave. But the law is exactly the same regarding retaliation for using that leave.

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