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RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 13640
Experience:  Experienced in multiple areas of the law.
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I end up sick this yr and was out of work 26 weeks and know

Customer Question

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
Expert:  RobertJDFL replied 2 years ago.
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.

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