Fullerton, CA asked in Workers' Compensation and Employment Law for California

Q: I want 6 weeks off for my hernia surgery,, my company has 6 employees , can they deny my time off , do i need to quit?

I am right now on modify duty from a back injury,, will workers compensation pay me for my 6 weeks off for my hernia surgery?? My hernia surgery is not a job injury,, my company has just 6 employees , can they deny me my 6 weeks off for my hernia surgery , even do I am on modify duty from my back injury from workers comp?

1 Lawyer Answer

A: I would re-ask this in Employment Law, as it is NOT a Workers Compensation law question. All l am confident is that you can use your Family & Medical Leave Act leave time for you own non-industrial hernia repair recovery with a company of 50 or more employees. So check here: https://www.dol.gov/general/topic/benefits-leave/fmla and ask this question with the subject matter being EMPLOYMENT LAW (not workers comp).

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