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FMLA - California

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  • FMLA - California

    I plan to take the 12 weeks off due to adopting my child; my company has asked me to work from home during my leave. I would switch from a salary employee to an hourly employee. Is this ok under FMLA? I want to make sure I'm protected under FMLA.

    My HR department is terrible & sneaky....they first told me I only get 1 month off.

    *I do qualify from FMLA

  • #2
    If you want to work from home, there is no problem with that (although if I were the employer I would be very careful about alllowing employees to work during FMLA/CFRA). However, you are entitled to the 12 weeks of leave and the employer cannot force you to work during that time. Your job is protected during those 12 weeks and you are entitled to reinstatement to your original position when you retutn.


    • #3
      Your employer can't attribute any time you're working at home to your FMLA entitlement. So, for example, if you're working full-time from home, it's not FMLA at all. You're just working from a different location (and would still be entitled to 12 weeks of FMLA leave for one year from the date the child is adopted/placed in your home.) If you're working 20 hours/week from home, then you're taking "reduced schedule" FMLA leave and they can only attribute 20 hours/week to your FMLA entitlement. Not a bad deal as then you could take double the amount of time away from the office and work from home for 24 weeks.

      What is it YOU want to do? You're entitled to 12 weeks of uninterrupted leave time. If you WANT to work from home for a period of time, then make sure the schedule is agreeable to you and that you're willing to do it.

      There is a ton of information on the web regarding FMLA. You may want to do some research to make sure you know what your rights are.


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