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Posted on August 5, 2024 | By Omid Nosrati | FMLA
The Family and Medical Leave Act (FMLA) is an important federal law that grants eligible employees job-protected leave for family and medical reasons. California FMLA Laws aim to provide support for workers facing personal or family health-related challenges by ensuring they can take time off without the fear of losing their jobs.
The FMLA is a federal law that mandates eligible employees receive up to 12 weeks of unpaid leave within a 12-month period for specified family and medical reasons without fear of losing their jobs. This law was created to help employees adhere to their work responsibilities while not neglecting family needs, such as caring for a newborn or dealing with a serious illness.
Not every employee is automatically eligible for FMLA leave. There are specific requirements both employers and employees must meet. These include:
These eligibility requirements mean that not every employee qualifies for FMLA protections, particularly those who work for smaller businesses or have been employed for a short period of time.
The FMLA provides leave under certain scenarios. These conditions include:
Additionally, the FMLA allows up to 26 weeks of leave to care for a family member covered in the service with a serious injury or illness if the employee is the service member’s spouse, child, parent, or next of kin.
One of the most important protections of the FMLA is the guarantee that an employee can return to their job after taking leave. If they are not given the exact same job, they must have a similar one upon their return.
While FMLA leave is unpaid, employees can use accrued paid leave, such as sick or vacation time, to cover their time off. Employers are also required to maintain the employee’s health benefits during FMLA leave on the same terms as if the employee had continued to work.
However, there are a few drawbacks to job security when it comes to leave. If an employee is classified as a “key employee” whose absence would cause considerable economic harm to the employer, the employer may be able to deny reinstatement, though this is rare.
While the FMLA is a federal law, California has its own family and medical leave law called the California Family Rights Act (CFRA). The CFRA is similar to the FMLA in many ways. However, generally speaking, The CFRA provides additional protections for California employees and remains an important tool for ensuring that more workers can take leave when they need it most.
Many employees are qualified for both the FMLA and the CFRA. In such instances, the two laws frequently operate concurrently, which means that the leave taken counts against the entitlement under both rules.
However, in some cases, FMLA and CFRA leave may not overlap, such as when leave is taken for a condition covered by one but not the other. Understanding how these rules interact can help employees make the most of their leave benefits.
To qualify for FMLA leave in California, employees must work for a covered employer with 50 or more employees, have been with the company for at least 12 months, and have worked at least 1,250 hours in the 12 months preceding the commencement of the leave. The FMLA allows for up to 12 weeks of unpaid, job-protected absence for eligible family or medical reasons.
The FMLA provides unpaid leave, which means that employees are not paid during their time off. California, on the other hand, has other programs, such as Paid Family Leave (PFL), which can give partial income replacement for up to eight weeks for qualifying workers who take time off to care for family or bond with a new kid.
If an employee satisfies the eligibility conditions (being employed for 12 months, working 1,250 hours, and having an employer with 50 or more employees), they cannot be denied FMLA leave in California. Though it is uncommon, an employer may refuse to reinstate “key employees” if their absence would seriously impair the company’s finances.
For certain familial or medical reasons, such as the birth of a child, providing care for a family member with a serious disease, or the employee’s own serious sickness, eligible employees are entitled to up to 12 weeks of unpaid leave under FMLA where their job is still protected. When feasible, employees must offer advance notice, and employers must continue to provide health benefits while an employee is on leave.
Knowing your rights surrounding FMLA leave is vital for your future. If you need assistance understanding your legal options regarding FMLA leave, an FMLA attorney at Nosratilaw, A Professional Law Corporation, can help you. Contact us today to speak to a representative.
