How to Request FMLA Leave in California? 2024

Posted on September 15, 2024 | By Omid Nosrati | FMLA

The Family and Medical Leave Act (FMLA) is a federal law designed to protect employees by allowing them to take time off for serious medical conditions or family caregiving responsibilities while securing their job and health benefits. When a related issue arises, employees may wonder how to request FMLA leave in California. There are steps a person can take to make their FMLA request more seamless.

Step 1: Determine If You Are Eligible for FMLA

Before you request FMLA leave, it is important to confirm your eligibility. To qualify for FMLA leave, you must meet specific requirements:

• Employment time frame. You must have worked for your employer for at least 12 months. This doesn’t need to be consecutive. If you have had breaks in service but have worked a total of 12 months, you may still qualify.
• Working hours. You must have logged at least 1,250 hours during the 12 months prior to your leave request. This works out to about 24 hours a week over a year.
• Size of employer. Your employer must have at least 50 employees within a 75-mile radius. Smaller employers are not required to offer FMLA, but additional state options may be available.

If you meet these criteria, you are eligible to take FMLA leave for up to 12 weeks in a 12-month period for reasons such as a serious health condition, caring for a family member, or bonding with a new child after birth or adoption.

Step 2: Provide Advance Notice to Your Employer

Once you have confirmed your eligibility, the next step is to provide your employer with notice of your need for FMLA leave. Try to give as much notice as possible, especially if the need for leave is foreseeable. For example, if you are planning surgery or the birth of a child, you should notify your employer long before these events occur since they are foreseeable.

If the need for leave is unforeseen—such as an unexpected illness or accident—notify your employer as soon as possible, such as a day or two of learning of your need for leave.

Step 3: Request the Appropriate FMLA Forms

Your employer will likely have specific forms for requesting FMLA leave, which are often provided by the human resources (HR) department. Request these forms early in the process to ensure you have time to complete them accurately. If your employer doesn’t have specific forms, you can use the Department of Labor’s official FMLA forms, which are widely accepted.

These forms will help your employer understand the nature of your leave request and begin the documentation process required by law. Be sure to request any additional paperwork if needed.

Step 4: Fill Out the Forms Completely and Accurately

Filling out the FMLA paperwork requires careful attention. You will need to provide detailed information about your reason for requesting leave, such as the serious health condition you or a family member is experiencing, the anticipated duration of your absence, and any relevant medical details.

If you are taking FMLA leave for your own serious health condition, a healthcare provider will need to certify the medical condition by filling out a portion of the form. Make sure all information is accurate and thorough since incomplete or incorrect forms could delay the approval process.

Step 5: Submit the Forms to Your Employer

After completing the forms, submit them to your employer’s HR department. Keep a copy of everything for your own records in case there are any disputes or issues later on. Your employer is required to provide you with a response to your FMLA request within five business days of receiving your forms. During this time, they may ask for additional information or clarification if anything is unclear.

Step 6: Know Your Rights and Responsibilities

Understanding your rights and responsibilities under FMLA is important. In California, eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for a serious health condition, to care for a family member, or to bond with a newborn or adopted child.

During FMLA leave, your employer must continue your health insurance coverage under the same terms as when you were working. However, FMLA leave is unpaid unless your employer offers paid leave benefits or you qualify for wage replacement through state programs.

You also have the right to return to your same or an equivalent position after your leave, meaning your employer cannot demote or penalize you for taking FMLA leave.

FAQs

How Do I Contact FMLA in California?

People in California can get in touch with FMLA through their employer’s human resources department or by going to the U.S. Department of Labor’s website. You can call the U.S. Department of Labor’s Wage and Hour Division or the California Civil Rights Department (CRD) for help with issues.

Do You Get Paid for FMLA in California?

The Family and Medical Leave Act (FMLA) does not pay, but California’s State Disability Insurance (SDI) and Paid Family Leave (PFL) options do. SDI covers your own health problems, and PFL helps you when you are taking care of a family member or getting to know a new baby. Depending on how much money you make, both plans will give you a portion of your wages for a short time.

Can My Employer Deny My FMLA in California?

If you do not fulfill the eligibility requirements—working for less than a year, not reaching the 1,250-hour level, or your employer having fewer than 50 employees within a 75-mile radius—your employer has the right to deny FMLA leave. On the other hand, your employer is legally required to provide the leave provided you satisfy all FMLA requirements.

How Many Days Do You Receive for FMLA in California?

Within a 12-month period, the FMLA offers up to 60 work days or 12 weeks of unpaid, job-protected leave. This leave can be taken periodically or all at once, based on the cause for the leave and the policies of your employer. Whether your need for leave is anticipated or unexpected, you must give your employer notice and a medical certification.

Contact Nosratilaw, A Professional Law Corporation

If you need help navigating the process of FMLA leave, Nosratilaw, A Professional Law Corporation, is here to help you. Contact us today to speak to a representative.