California FMLA Laws – Family and Medical Leave Act Explained

When someone needs to take off work, especially for medical-related reasons, the Family and Medical Leave Act (FMLA) is in place to help them keep their job while also attending to the medical needs of themselves and/or their families. California FMLA laws strive to give support to workers facing personal or family health-related issues by ensuring they can take time off without the fear of losing their job.

Understanding the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) allows eligible employees the ability to take time off for certain family and medical reasons. This leave can allow an employee to miss up to 12 weeks of work without being paid. If an employee finds themselves in this situation, they can attend to their personal concerns without worrying about losing their job. The purpose of this rule is to help workers do their jobs while also taking care of their families’ needs.

How Do I Get FMLA?

There are a few requirements that a person must meet to receive FMLA. Workers are eligible for FMLA if they:

• Worked for a covered company. Companies with 50 or more employees who worked 20 or more weeks in the last or current calendar year are typically covered.
• Have worked for the company for at least a year.
• Have worked at least 1,250 hours in the 12 months before the break starts.
• Work somewhere within 75 miles, where at least 50 other people work for the same company.

What Does FMLA Protect?

Some workers may take up to 12 weeks of unpaid leave each year because of FMLA. Here are some of the reasons why:

• Giving birth and/or taking care of a child.
• Taking care of a child through adoption or foster care
• Taking care of a sick child, spouse, or parent
• A person’s own personal sickness, especially those that prevent them from performing their job duties.
• Whenever something important comes up or because the worker’s partner, child, or parent is on active duty or has been notified that they will be called up or sent to active duty soon.

Up to 26 weeks a year, FMLA allows an employee who is the service member’s partner, child, parent, or next of kin to care for them while they are seriously sick or hurt. This is called military caregiver leave.

FMLA and the California Family Rights Act (CFRA)

If you live in California, you can also use the California Family Rights Act (CFRA), which is a state law for family and medical leave. In many ways, CFRA and FMLA are the same. Additionally, CFRA usually offers more protections for California employees. CFRA is still a useful tool for making sure that workers can get time off when they need it.

Many workers in California qualify for both FMLA and CFRA. In these situations, the two laws often apply at the same time, which means the time off counts under both rules.

If you need time off for a condition that is covered by one but not the other, you may choose the one that applies to your situation. For instance, CFRA may cover caring for a domestic partner or another chosen loved one, while FMLA typically only covers spouses, children, and parents. Employees can get the most out of their benefits if they know how these laws can work together.

FMLA Job Protection

One of the greatest things about FMLA is that it guarantees an employee can go back to work after taking time off. Even though FMLA leave isn’t paid, workers can use paid leave, like sick or holiday time, to make up for their time off. Also, while an employee is on FMLA leave, their employer has to keep their health benefits the same as if they had kept working.

There are, however, some problems with job stability when it comes to taking time off. It’s possible for an employer to refuse to hire someone back if they are a key employee whose loss would hurt the business financially, but this doesn’t happen very often.

FAQs

Q: What Are the Rules for FMLA in California?

A: In California, qualified workers are entitled to up to 12 weeks of unpaid, job-protected leave per year under the Family and Medical Leave Act (FMLA). It encompasses causes that are medical or familial, like personal disease, taking care of a family member, or developing a bond with a newborn or adopted child. Workers must have completed 1,250 hours in the previous year and worked for the company for at least 12 months.

Q: Can an Employer Deny FMLA in California?

A: Employers cannot refuse an eligible worker the FMLA they request if they have worked for the company for 12 months, completed 1,250 hours of service in the past year, and work for a covered firm (50 or more employees within 75 miles). However, if an employee doesn’t meet these requirements, FMLA may not be granted.

Q: Do I Get Paid for FMLA in California?

A: FMLA in California is unpaid. However, workers can use their earned vacation or sick time. California’s Paid Family Leave (PFL) program lets them take time off to bond with a new baby or care for a seriously ill family member while getting some of their pay back. The FMLA protects jobs, but it doesn’t pay substitute wages.

Q: Can I Be Fired While on FMLA?

A: The Family and Medical Leave Act (FMLA) guarantees job protection as part of the act. It requires that your employer reinstate you to the same or an equivalent position when you return. However, layoffs that are approved for valid reasons that are not related to FMLA are allowed if it is for the benefit of the company.

Contact Clark Employment Law, APC Today

If you have any challenges with your FMLA, whether it was denied, you were unjustly fired, or any other reason, Clark Employment Law, APC can help. Contact us today to see how we can help you receive the justice you need.