I have two sick daughters who need my care.I also have a excused doctors note.?

HR said they could not take my doctors
note.My babies are ages of 6 months and
a 1 year old.Who need my care due to
there illness.They have bronchitis. So
they asked for me to be off one
week.Due to being a single parent with
kids who really sick and at a young
age..HR said it would have to be me
being sick.But in this case im a single
mom with two sick babies..I need help
do not want to get laid off.

Asked on June 2, 2017 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, a doctor's not is not legally binding on an employer. In other words, they can choose to honor it or not. Second, do you have any PTO that is avaialble to you; that is do you have vacation time due you or sick days that you can use (although it sounds as though you can only use your sick days for your own illness)? If not, are you eligible for time off under the FMLA (Famiy Medical and Leave Act)? You can ask your HR department but if they haven't already mentioned it to you, you my not qualify. The requirements are: you must have worked for your employer at least 12 months, plus have worked at least 1,250 hours over those months, and you must work at a location where the company employs 50 or more employees within 75 miles. If this does not apply to you then unless you have rights under an employment contract or union agreement for time off under the circumstances, then as an "at will" worker" your employer can legally deny it to you.

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