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Author Topic: Advice to people in California  (Read 847 times)

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jecela

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Advice to people in California
« on: January 03, 2020, 05:34:42 PM »

For your information

- If you are an employee working in California you can take 12 weeks of leave for LL through the California Family Rights Act (CFRA).
- You just need a letter from the doctor that you will be treated for a serious health condition. LL definitely falls into this category.
- A convenient thing is that you do NOT need to reveal to your employer that you are getting CLL. The doctor's letter must just state that you will be under their care / disabled for the required duration (start and end date).
- Through this act you are assured your job and salary when you're back from LL.
- Make sure you talk to your doctor for the required letters BEFORE you get surgery.

A related act which can used in all of US is the Family Medical Leave Act (FMLA). This is similar to CFRA but you might need to state your intention of getting LL which is cosmetic and this might get rejected.

Feel free to ask any questions.
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Purushrottam

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Re: Advice to people in California
« Reply #1 on: January 03, 2020, 11:23:12 PM »

LL does not fall into this category. I don’t think any legitimate LL surgeon is going to give this letter and risk fraud. Try calling your LL doctor to find out.

When I was leaving my job in California my manager/directors at the time suggested this (medical leave) instead of quitting. However I could not explain to them that LL is not covered without giving it away.
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Had LL in Sept 2017 with Dr. Paley.
Starting height: 168.5 cm (5'6.5"); Ending height: 175 cm (5'9")
http://www.limblengtheningforum.com/index.php?topic=4823.0

jecela

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Re: Advice to people in California
« Reply #2 on: January 04, 2020, 03:51:58 AM »

LL does not fall into this category. I don’t think any legitimate LL surgeon is going to give this letter and risk fraud. Try calling your LL doctor to find out.

When I was leaving my job in California my manager/directors at the time suggested this (medical leave) instead of quitting. However I could not explain to them that LL is not covered without giving it away.

Are you referring to CFRA or FMLA? Did you inquire with your surgeon about either or both? What did he/she say?

FMLA approval is doubtful because some sources say cosmetic surgeries are not covered and the employer may insist on knowing the diagnosis.

CFRA on the other hand makes it illegal for the employer to ask for medical details.

One source: https://www.newmanemploymentlaw.com/employment-law/california-family-rights-act-cfra-/

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There are several differences between FMLA and CFRA. Under the CFRA, the employee is not required to have the doctor state the nature of the illness. Under the federal equivalent, The FMLA, the employee is required to have the doctor state the diagnosis.

Here is some information on CFRA: https://ca.db101.org/ca/situations/workandbenefits/rights/program2c.htm

Specifically on what constitutes "serious health condition"

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A serious health condition is an illness, injury, impairment, or physical or mental condition that causes or requires:

* Any period of incapacity or treatment in connection with, or after inpatient care
* Any period of incapacity requiring absence from work, school, or other regular daily activities, of more than 3 consecutive calendar days
* Ongoing treatment by or under the supervision of a health care provider for a chronic or long-term health condition that is incurable
* Restorative dental or plastic surgery after an accident or injury

A note on cosmetic surgery

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Voluntary or cosmetic treatments are not "serious health conditions," unless inpatient hospital care is required because of unexpected complications. Routine preventive physical examinations are excluded.
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