Q: How do you qualify for FMLA?

A: To qualify for FMLA:
• You must be employed for the past twelve months, prior to FMLA leave
• You must work 1,250 hours
• You must work for a company with fifty or more employees
• You must work within seventy-five miles of your office or work site

Q: Do you get paid during FMLA?

A: No, this is a job protected leave and your employer has no obligation to pay you. Many employers will allow you to use vacation pay. I would call a labor attorney and confirm with them what rights you may have.

Q: Who is protected under the Americans with Disabilities Act?

A: All people with a physical or mental impairment that substantially limits one or more major life activities (i.e. sitting, standing, or sleeping) are protected under ADA. I would call a labor attorney and confirm with them what rights you may have.

Q: What are my rights while filing for disability?

A: This is a broad question. If you are injured on the job, depending on the state, you have certain protections. If you are on maternity leave, you can have twelve weeks of job protected leave under FMLA and more depending on the state. If you are not pregnant and do not file a worker’s comp claim, you are likely entitled to twelve weeks of job protected leave under FMLA. Lastly, if your disability is covered under ADA your employer under certain circumstances may have to keep your job open indefinitely. Always check with a labor attorney. Odds are that you have multiple areas of protection; and therefore, you have rights.

Q: Do I qualify for CFRA if my company has ten employees in our office, but our sister company has fifty employees?

A: This depends on whether the sister company is within fifty miles of where you are working. Is there any of the following: common management, degree of common ownership/financial control, any interrelation between operations? This is from the Federal Register page 68075, for your reference. If the answer is yes to all, then the answer would be yes you do have FMLA rights. I would call a labor attorney and confirm with them what rights you may have.

Q: Are grandparents entitled to CFRA?

A: Yes and no. If it is to care for an injured military person who was injured while on active duty and you are the only next of kin who can care for him or her then, probably, yes. See page 68079 of the Federal Register which speaks to FMLA, and models CFRA. Also, if you have been acting in “Loco Parentis”, meaning you are raising the child, and the parents are not, you may qualify under FMLA. I would call a labor attorney and confirm with them what rights you may have.

Q: How much is liability insurance for $1 million?

A: This totally depends on if it is general liability, $1K or less, assuming a white collar business. If it is Medical Malpractice Insurance the range can be as low as $2K, but the highest we have seen in CA in the standard market at $90K. For a low risk profession, single, with less than $2 million in revenue it is $3500; to a high risk profession (i.e. insurance brokers) at $6K. The highest we have seen for $1 million of coverage was $125K.

NOTE: THE ABOVE IS A GENERAL DISCUSSION ABOUT HOW COVERAGES MAY WORK. YOUR INSURANCE POLICY AND ALL ADDENDA ARE THE ONLY AUTHORITY OF HOW YOUR COVERAGE WORKS. DO NOT RELY ON THIS ARTICLE AS AN EXPLANATION OF YOUR COVERAGE. HAVE YOUR ATTORNEY REVIEW YOUR ENTIRE POLICY WITH YOU TO DETERMINE WHAT IS AND ISN’T COVERED.