Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I end up sick this yr and was out of work 26 weeks and know…

Customer Question
I end up sick this...
I end up sick this yr and was out of work 26 weeks and know I have an ongoing illness . Company said I used all my flma. Now my child is sick and they tell me I can't take time off . They said I used all my flma . I live in California is this right
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 31 minutes by:
5/27/2015
Employment Lawyer: RobertJDFL, Lawyer replied 2 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,823
Experience: Experienced in multiple areas of the law.
Verified
Thank you for your question.
I am sorry to hear of your ongoing illness and the illness of your child. Unfortunately, legally speaking, you are out of unpaid leave under the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA).
The California Family Rights Act (CFRA) amended the 1991 California family and medical leave law to generally mirror the federal Family Medical Leave Act (FMLA). However, with the enactment of various California laws, differences between CFRA and FMLA have become more numerous.
Similar to FMLA, CFRA allows eligible employees up to 12 weeks of leave in a 12-month period for the birth of a child, the adoption of a child or the placement of a child in foster care. It also allows leave to care for a seriously ill family member or for the employee's own health condition, other than pregnancy-related disability.
FMLA leave runs concurrently with, and is not in addition to, the leave entitlements provided by CFRA leave.
Therefore, an employer could legally tell you (though it is very unfair, I agree) that you cannot take time off, and that if you do so, you are subject to disciplinary action -which can include termination.
Your only options that I can see based on the facts would be if you have any unused paid time off or paid vacation time that hasn't been used (and typically that's paid as part of your FMLA time first if an employee does have any), or, if you have a spouse that meets the requirements of CFRA/FMLA at their job, they can take off to be with your child.
Of course CFRA and FMLA benefits do renew annually, provided you continue to meet the eligibility requirements.
If you have any follow-up questions or need additional information, please do not hesitate to use the REPLY option, I'm happy to help further. I realize this is not the information you wanted to hear, but it would be unfair to you to tell you less then what the law says.
Ask Your Own Employment Law Question
Was this answer helpful?
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,823
14,823 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I am on FMLA and being disciplined by my employer for not
I am on FMLA and being disciplined by my employer for not reporting my time correctly and according to policy. I get that part, but included in that discipline they discuss my missing work creating st… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I applied for FMLA for my son who was diagnosed with
Hello, I applied for FMLA for my son who was diagnosed with Kawasaki Disease and was hospitalized for a week last December, my FMLA was approved, I then found out that my Manager had forwarded my FMLA… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have exhausted FMLA and do not want to return to my
i have exhausted FMLA and do not want to return to my workplace ( i do not plan on completing the paperwork for ADA). my MD has me out for 6 more weeks. I'm at a point in which I need to decide whether I should wait out the 2 weeks to be fired or to resign. If I resign, will I still be able to collect my current disability? My MD will provide documentation for disability for as long as I wish (up to 1 year of course). … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Can my employer deny FMLA for a pre-approved Dr. visit if I
Can my employer deny FMLA for a pre-approved Dr. visit if I failed to bring in documentation for that visit in a timely manner (within 5 days per the handbook) even though I showed them the paperwork … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can you take fmla for a death in the family if the
can you take fmla for a death in the family if the individual who died raised me or was a father figure?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My question pertains to the FMLA act of 1993, which is
Second opinion] Hello. My question pertains to the FMLA act of 1993, which is administered by the Wage and Hour Division of the U.S. Department of Labor. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have a question about FMLA benefits in a severance
Good evening! I have a question about FMLA benefits in a severance package. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My question pertains to the FMLA act of 1993, which is
Hello. My question pertains to the FMLA act of 1993, which is administered by the Wage and Hour Division of the U.S. Department of Labor. … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
Are you familiar with NY 2018 FMLA as it pertains to a child
Are you familiar with NY 2018 FMLA as it pertains to a child with pysco-social issues that include risk of physical self-injury & suicide? My child is 16 (recently), has IEP that has 1 psycho-social-e… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
FMLA Paperwork refused to be re-certified and filled out by
FMLA Paperwork refused to be re-certified and filled out by my son's physician … read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,504 satisfied customers
I was on FMLA leave due to an auto accident. At doctors
I was on FMLA leave due to an auto accident. At doctors request I was out my my full 12 weeks. When I came back,, they required more documents. I gave it to them, as was laid off. continued physical t… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
732 satisfied customers
In January of 2017, I was approved for fmla, for my serous
In January of 2017, I was approved for fmla, for my serous health condition, however, I was told by my supervisors that my usage of fmla is going to get me terminated because of my usage of time. Anot… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
We have an employee who have applied for an FMLA. On the
We have an employee who have applied for an FMLA. On the Notice of Eligibility we indicated there that her health insurance will continue but she will be however require to pay her portion of the prem… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
732 satisfied customers
I currently have intermittent fmla. I was denied my fmla to
I currently have intermittent fmla. I was denied my fmla to be consecutive said i didn't give them the paperwork they needed however I was never contacted about anything concerning my request. Can the… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
How does disciplinary action work when I'm not doing the
How does disciplinary action work when I'm not doing the work that hasn't been in my PD I did without pay then OHR told me that they witnessed for an 11 but was destroyed. And I told them 1 1/2 that I… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am an rn for 25 years. With no disciplinary action. I was
I am an rn for 25 years. With no disciplinary action. I was sent for a 7 drug screen because my employer said my speech was slurred and my mouth was dry. I take blood pressure medicine and phentermine… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been given written disciplinary action for taking
I have been given written disciplinary action for taking sick time off. I am a part time employee in AZ so I do not qualify for FMLA, and I was given no alternatives before I was written up. What are … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,872 satisfied customers
I was written up. Disciplinary action for excessive absences
I was written up. Disciplinary action for excessive absences that were under FMLa that they refused as being so because they said they didn't have proof which hadn't been passed from HR. I told them I… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x