California FMLA (Family and Medical Leave Act) Laws 2024 Explained

No worker should have to worry about the security of their job due to the birth of a child or the need to care for the serious health condition of a family member. Under California FMLA Laws, protected employees have certain rights that can be exercised in these specific circumstances.

If your rights to protected leave have been violated, a FMLA attorney can help you file a claim and protect your rights.

What Is the FMLA?

The Family Medical Leave Act (FMLA) is a federal law that requires all public employers with 50 or more employees to provide eligible employees with up to 12 weeks of leave within a 12-month time period to care for themselves or a family member with a serious health problem, as well as for the birth or adoption of a child.

Their job is protected during this time, but they are not paid. In addition to protection of their job, employees are also entitled to maintain full health benefits provided by their employer during their leave of absence.

It’s important to understand the difference between FMLA and Paid Time Off (PTO). FMLA is unpaid and designed specifically to protect employees’ job status for certain serious family and health-related reasons. PTO is paid leave that offers no legal job protection.

What Employees Are Eligible for California FMLA?

Not all California employees are eligible for FMLA. Under federal and state laws, an employee must meet the following requirements to qualify for leave:

• Work for an FMLA-covered employer (any public company with more than 49 employees)
• Have worked for the employer for at least 12 months (not required to be consecutive)
• Have worked a minimum of 1,250 hours throughout the year prior to the start of their leave
• Work at a location where more than 49 employees work or within 75 miles of it

It’s critical to understand that not all family and health-related events qualify for FMLA leave. The event must be defined as a serious health condition, not to be confused with a “common ailment.” A serious health condition is defined as any illness, injury, or impairment (physical or mental) that requires inpatient treatment or continuous care by a healthcare provider.

In addition to a serious health condition, a mother is able to use the 12 weeks of unpaid leave for a child’s birth, prenatal care, any incapacity related to the pregnancy, and her own health condition following the birth of a child. In turn, fathers are eligible for FMLA leave for the child’s birth. They can also take FMLA leave to take care of their spouses who have become incapacitated due to birth or pregnancy.

The California Family Rights Act is a similar law that provides employees with leave for certain family and health-related reasons. It also allows for bereavement leave

What Rights Do Employees Have Under FMLA?

FMLA eligible employees are entitled to certain rights. Eligible employees are entitled to the same or similar job upon their return from leave, except for when the employee would have been laid off if they had not taken leave. However, it is illegal for an employer to use the employee’s FMLA leave as a factor in determining the decision to terminate their job position.

Eligible employees are also entitled to maintain their full healthcare benefits and enrollment in other employee benefit plans, such as disability and life insurance, provided by their employer during the extent of their leave. They may also continue to accrue seniority during the period of their leave.

If you or a loved one needs to take a temporary leave of absence due to family or serious health-related reasons, it’s vital that you understand the full extent of your rights as an eligible California employee under FMLA. If you have been denied job-protected leave by your employer, it’s paramount that you contact an experienced employment lawyer to ensure that you receive all of the employee benefits that you are entitled to.

FAQs

Q: What Are the Rules for FMLA in California?

A: In California, the Family and Medical Leave Act (FMLA) applies to all public companies with 50 or more employees. In order for employees to be able to take leave under the FMLA, they have to have been working for their employer for a minimum of one year, have worked 1,250 hours minimum throughout the previous year, and work at a location where there are at least 50 employees within 75 miles.

Q: Do I Get Paid for FMLA in California?

A: You do not get paid for FMLA in California. The FMLA in California is designed to help employees who need to take a temporary leave of absence for certain family or medical-related reasons. Although FMLA provides employees with job-protected leave for up to 12 weeks during the course of a year, it is unpaid. However, the employee is still entitled to maintain full health benefits provided by their employer.

Q: Can an Employer Deny FMLA in California?

A: Yes, a California employer can deny an employee FMLA leave if the employee has not worked for their employer for at least 12 months or has not worked at least 1,250 hours during the past 12-month period. An employer can also deny an FMLA leave request if the employee has already exhausted their available leave or requests FMLA leave for an invalid reason.

Q: Are In-Laws Covered Under FMLA in California?

A: In-laws are not covered under FMLA in California. FMLA provides job-protected leave to take care of certain family members, which include spouses, parents, and children. It does not include other family members, like siblings, in-laws, aunts, grandparents, and uncles. However, under the state statute, the California Family Rights Act (CFRA), which applies to employers with five or more employees, in-laws, siblings, grandparents, and grandchildren are covered.

Contact a Reputable Glendale, California, FMLA Lawyer

Our team at MM Law, led by attorney Maralle Messrelian, has direct experience relentlessly defending California employees who have been denied their rights under the FMLA. We understand that family comes first and approach every case with diligence and compassion to ensure your rights are protected.

Give us a call today to schedule a consultation with our team.