Boardman, OR asked in Employment Law for California

Q: A classified district employee has exhausted all paid leave for medical reasons can district refuse to grant unpaid leav

All the leaves have been supported with medical note from physician. The request to school board with supported with letter from employee provided in timely way. Long term disability requires long waiting period of 140 days so it will not be available to employee if district does not grant unpaid medical leave. Additionally the district does not have short term disability available unless employees pay into a plan well in advance and do not have preexisting medical conditions.

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1 Lawyer Answer
Brad S Kane
Brad S Kane
  • Los Angeles, CA
  • Licensed in California

A: Under the California Family Rights Act, the employee has the right up to 12 weeks of unpaid leave. The employer can require the employee to use up their paid time off and accrued sick leave before granting unpaid leave.

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