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FAMILY AND MEDICAL LEAVE (FMLA)
California and federal law provide for employees to take unpaid or
paid leave from their jobs for certain conditions without loss of
health insurance, benefits or any other adverse employment actions.
The FMLA and CFRA, or California Family Rights Act, acting in tandem,
applies to state and federal agencies, public and private elementary
and secondary schools and to private employers with 50 or more
employees within 75 miles.
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CALIFORNIA
Eligibility
If your employment qualifies as indicate above, you must have worked
for your employer for at least 1250 hours in a 12-month period or
worked for that employer for 12-months overall.
Leave Conditions
- Birth or adoption of a child within one year
- Placement of a foster child within the first year of placement
- To care for an immediate family member suffering a serious
condition
- If you were seriously injured or suffering from a serious health
condition that has incapacitated you
- You need to care for an immediate family member serving in the
armed services under certain conditions
The employee must give 30 days if the condition is reasonably
anticipated or foreseen; otherwise, it should be given as soon as
practicably possible.
Amount of Leave
Employees are guaranteed up to 12-weeks in a 12-month period.
FMLA Process
- Submit a Notice-Request FMLA/CFRA Leave at least 30 days before
the date the leave is to begin or as soon as practicably possible.
- Submit a FMLA/CFRA Med-Certification form from a qualified
healthcare provider within 15 days of the request for leave, if
practicable
- Provide a re-certification if additional leave is requested
- When returning to work, submit a release from care from the
healthcare provider
Employers’ Obligations
- Process all FMLA/CFRA leave requests within 2 business days
- Provide a written reason or response for approval or denial of the
request for leave
- Provide to the employee “Your Rights Under the Family and Medical
Leave Act of 1963” and “The Family and Medical Leave Act of 1993 Fact
Sheet” to any employee requesting a leave
- Guarantee to the employee continuation of their health insurance
and that the employee’s job, or equivalent, will be restored to
him/her along with prior wages and benefits and no loss of seniority
status.
Filing a Complaint
Any employee who feels their request for leave was unreasonably
denied or who were not restored their prior employment status and
benefits may file a complaint with the Wage and Hour Division of the
Department of Labor or file a private lawsuit against the employer in
civil court within 2 years of the violation or 3 years if the
violation was willful.
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