On November 17, 2008 the federal Labor Department revised the Family and Medical Leave Act (FMLA). If you are leaving work to care for a family member with a serious health condition, you should know if you are covered under FMLA and the California Family Rights Act (CFRA). In regards to establishing the need to care for a family member with a serious health condition, the new regulations have affected FMLA. The new requirements call for an employee to clarify that ‘incapable of self-care because of a mental or physical disability’ is determined at the time FMLA leave starts – not after. The Americans with Disabilities Act (ADA) has also been amended to make it easier to establish a disability, thus allowing more conditions to be considered ‘disabilities’ when deciding who qualifies for FMLA leave.

Under the CFRA, the regulations provide that an employee may take time off for a family member who is covered when the family member’s serious health condition ‘warrants the participation of the employee.’ Under CA law, a ‘serious health condition’ may be an ‘illness, injury, impairment, or physical or mental condition.’

If you need to take time off to care for a relative, and you are unsure if you are covered by FMLA or CFRA, contact employment lawyers, Law Offices of David H. Greenberg at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help you protect your family!