Medical Leave Attorney

The law does not limit time off just for your needs. The law also provides family leave for the care of a spouse, a child, a parent, a sibling, a grandparent, a domestic partner, or someone who has been designated as a specific individual for whom health care is needed. Not every condition is covered under family medical leave. Only what's called a serious health condition. That's something that required hospitalization, inpatient care, hospice. Additionally, family medical leave includes time to bond with a newborn child, whether it is through birth or adoption. Serious medical conditions are defined as those conditions that are under continuing supervision and care by a medical doctor. The law provides for up to 12 weeks of protected leave. During that time period, you have a right to be left free from any job responsibilities. Your employer can't ask you to continue working while you are on medical leave. The 12 weeks of medical leave doesn't have to be taken all at the same time. The law provides for intermittent leave, which is extremely helpful when having to go to appointments, to see doctors, or have treatments that occur over time. An employee who's on medical leave is entitled to use vacation time, sick time, or PTO time, so that they continue to be paid during their absence. An employee may also qualify for state disability through the Employment Development Department. When you're on medical leave, an employer must maintain your health insurance. If you don't return, you may have to reimburse the employer for the cost of the insurance while you are gone. If you need to take medical leave, it's important to get a note from your health care provider, and to give your employer as much notice as possible. Many times in the case of an emergency, no notice can be given. In those circumstances, try to get a note from a health care provider indicating what is the serious health condition that requires leave. The damages that can be recovered in these cases include both economic damages for one's loss of wages, any type of expenses for psychological care. They also can include non-economic damages such as emotional distress, anxiety, fear, humiliation, and other were often referred to as intangibles, but are recognized by the law as being important and valuable. If you've experienced a problem with medical leave, please reach out and contact us at the Dolan Law Firm. Dolanlawfirm.com.