Intermittant FMLA

Is my employer supposed to give me FMLA paperwork if I inform them that I have been diagnosed with Post Traumatic Stress Disorder? They are also aware of my son's ADHD and are reprimanding me for my attendance. I need to know how to open an intermittant FMLA leave but am unsure just how to go about it and afraid of losing my job if I ask my employer.

1 answer  |  asked May 22, 2003 12:29 PM [EST]  |  applies to California

Answers (1)

Joan Herrington
Intermittant FMLA

You should request medical leave in writing and attach a copy of your doctor's certification of your need for leave based on either your own medical condition or your need to care for your son's medical condition. See 2 C.C.R. sections 7297, et al.

You are protected from retaliation under the medical leave acts.

If you are a Californian employee, you should request leave under the California Family Rights Act rather than the federal Family Medical Leave Act as the state law provides better protection.

You should also consider whether the impairment to your health or your son's health is severe enough to qualify you as disabled under the Fair Employment and Housing Act. If so, then you may be entitled to intermittent leave as a form of reasonable accommodation.

posted by Joan Herrington  |  May 23, 2003 4:42 PM [EST]

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