What is FMLA in California? (Family & Medical Leave Act)
The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that requires employers to provide employees with unpaid leave for critical family and medical reasons.
According to the US Department of Labor, FMLA provides employees up to 12 weeks of unpaid leave in a 12-month period to care for a newborn child, a seriously ill family member, adopt or welcome a new child to their family, or recover from a serious illness.
If a California employee is eligible for the FMLA and their employer denies it, they could be eligible for compensation.
Eligibility Requirements for FMLA in California
It is important to understand the ins and outs of the Family and Medical Leave Act. Not all employees qualify for FMLA. The law establishes a specific eligibility guideline to ensure the leave is available to those working for larger or more established employers. According to the U.S Department of Labor, in order to be eligible for FMLA, employees must meet the following criteria:
- An employer must have at least 50 employees within a 75-mile radius.
- Employees must have worked for the employer for at least 12 months (not necessarily consecutive).
- Employees must have worked at least 1,250 hours in the 12 months preceding the leave request.
How to Request FMLA Leave
In order for employees to request FMLA leave, they must provide 30-day advanced notice for their leave, unless it is due to unforeseen circumstances. In addition, employers may require documentation from a healthcare provider to verify the medical leave. The employee needs to keep the employer informed about any changes in their scheduling or expected return date.
Protections During FMLA Leave
Employees on FMLA leave are entitled to several protections such as the following:
- Job Restoration: Employers must reinstate the employee to the same or an equivalent position.
- Continuation of Health Benefits: Employers are required to maintain group health insurance under the same conditions as before the leave.
- Anti-Retaliation Protections: Employers cannot retaliate or discriminate against employees for exercising their rights under FMLA.
California-Specific Family and Medical Leave Laws
Although the FMLA is a federal law that applies nationwide, California has several state-specific laws that provide broader coverage and additional benefits. These laws can work in tandem with the FMLA.
California Family Rights Act (CFRA)
The California Family Rights Act is a state law that provides eligible employees in California the right to take job-protected unpaid leave for family and medical reasons. According to the California Civil Rights Department, the CFRA provides 12 weeks of job-protected leave for family and medical reasons much like the FMLA.
However, the CFRA is applicable to smaller employers with a threshold of 5 employees instead of 50 and covers a broader range of family members including siblings, grandparents, grandchildren, and domestic partners. It is important to note that the CFRA does not allow leave for pregnancy-related disabilities, because that is covered under the California Pregnancy Disability Leave (PDL).
Pregnancy Disability Leave (PDL)
The Pregnancy Disability Leave (PDL) is another state specific law that gives California citizens up to 4 months of job-protected leave for employees who are disabled by pregnancy, childbirth, or other related medical conditions.
According to the Pregnancy Disability Fact Sheet from the California Civil Rights Department, PDL is an unpaid protected leave, but employees can use in addition to CFRA leave to give extra time off to properly recover from childbirth and postpartum recovery. In addition, PDL allows employees to use any accrued sick leave, vacation days, or other paid time off during their time off, depending on the employee.
How FMLA, CFRA, and PDL Work Together
In California, employees can layer federal and state laws on top of each other to maximize their leave benefits. For example, a pregnant employee may take up to 4 months of leave under PDL for pregnancy and recovery and follow it with 12 weeks of CFRA leave for a mother to bond with their newborn.
However, FMLA and CFRA protections cannot be stacked. Instead, employees who qualify for both would typically use them concurrently for safe measures.
What Should I Do If My Boss Rejects My FMLA?
FMLA is a crucial law that provides job protection and health benefits for employees who are dealing with personal or family medical needs. In California, complementary laws like CFRA, PDL, and PFL ensure that employees have broader protections and access to financial assistance during their time away from work.
If an employer unjustly denies an employee their rights under FMLA, the employee may be eligible to seek compensation. Lawyers for Justice, PC, a powerhouse employment law firm, is prepared to take on FMLA cases and always advocates for California workers.
With a skilled team of attorneys, Lawyers for Justice, PC is dedicated to representing employees’ best interests and ensuring justice is served. To get started, call (213) 772-5010 for a free case consultation!