California has multiple employment laws that grant employees the ability to take leave when they are eligible. These different laws have varying requirements and benefits, so the one that will work best for you will depend on your circumstances. One of the most common forms of leave is known as FMLA leave. FMLA leave is a type of unpaid leave that protects an employee’s job if they must take time off for family or medical reasons. With FMLA leave, an employee will have to follow their employer’s policies as well as some responsibilities laid out by the state, but their job will remain protected.
What Is FMLA Leave?
Under the Family and Medical Leave Act (FMLA), any business with over 50 employees in the U.S. must provide their workers with the ability to take unpaid, job-protected leave if they are eligible. In some cases, an employee may take FMLA leave while also on disability insurance or paid family leave. When this occurs, the employee receives benefits to help with their lost wages as well as job protection. In California, employees can take up to 12 weeks of FMLA leave when they qualify. These 12 weeks can be taken throughout a 12-month period. They are then renewed the following year. It is possible that if an employee qualifies for both FMLA and CFRA (California Family Rights Act) leave, they can stack them and take those leaves at separate times, allowing them to have around 24 weeks of total leave.
How Do I Qualify for FMLA Leave?
Family and medical leave is extended in the following circumstances:
- For employees who need to heal from a serious health condition
- To help a spouse, parent, or child heal from a serious health condition
- To bond with a new child
- Pregnancy
- Participate in events that include a military family member
- To take care of a family member injured while on military duty
To qualify for FMLA leave, you must:
- Have worked for your employer for at least one year.
- Have worked at least 1,250 hours in the 12 months before your leave.
What Are the Main Responsibilities of Employees on FMLA Leave?
When taking FMLA leave, there are a few responsibilities employees must take care of. If possible, an employer should receive a 30-day notice when an employee decides to take leave. When a 30-day notice is not possible, the employee must notify their employer as soon as possible to take care of any issues and formalities first. The employee will also be required to follow their employer’s specific guidelines regarding paid or unpaid leave with their company.
If requesting FMLA leave, an employee must also provide enough information to their employer so that they can verify that they are eligible for the time off. While you are not required to give all your personal information to your employer, whether it is your own diagnosis or you are caring for a loved one, they need sufficient evidence and information to know why you are not going to be able to perform your duties at the moment. This can include information stating that your loved one is unable to perform daily activities or a diagnosis from your own doctor. Employees will also be required to keep up with their own health insurance payments the same as if they were working, even if the prices change.
Depending on the circumstances, some employers may require certification or recertification for your family or medical leave. For example, if you are healing from a serious injury or are on disability leave, your employer may require recertification from your doctor stating that you are unable to work.
FAQs
Q: Does FMLA Protect Your Exact Position?
A: You may not get your exact position back in all circumstances. However, the Family and Medical Leave Act offers job protection for employees who take leave. This means that when an employee is reinstated, they must either get their same job back or an equivalent position with the same benefits.
Q: Are FMLA and CFRA the Same?
A: CFRA is California’s own version of the Family and Medical Leave Act. While FMLA applies to the entire country, CFRA only applies to California. The basis of both laws is the same, but they differ slightly in some of the recognized requirements to be eligible for leave. CFRA also applies to any business in California with over five employees, while FMLA applies to businesses with over 50.
Q: Do I Have to Give a Two-Week Notice for FMLA Leave?
A: Technically, an employee should try to give their employer a 30-day notice before taking leave. Of course, this is not always possible. When you can give a 30-day notice, you need to notify your employer as soon as possible to sort out any issues before you go. You must also follow any guidelines for leave that your employer has laid out.
Q: Can My Employer Punish Me for Taking Leave?
A: No. The FMLA protects you from wrongful termination, discrimination, harassment, and other forms of negative behavior directed toward an employee for taking leave. If you believe you are being penalized for taking leave, you should consult an experienced employment law attorney, as you may have a case against your employer.
Q: What Is a “Comparable Position?”
A: When taking FMLA leave, you are promised your same job or a comparable position upon returning. A comparable position is considered a job that has the same benefits, pay, job content, opportunities for promotion, and status in the company. This allows for cases where a company may wish to keep the person who has substituted for you while you were on leave, while still allowing you as seamless of a return to work as possible.
California Employment Law Assistance
Here at Fishman, Larsen & Callister, Attorneys At Law, an experienced Fresno FMLA attorney work with individuals struggling with employment law issues. We understand how difficult these cases can be, especially when your employer is going against the law. Whether you are dealing with your own health struggles or trying to take care of your sick spouse, you have the right to take unpaid, job-protected leave. If you believe that your employer is violating your rights when it comes to your ability to take leave from work, do not wait to get the legal help you need and contact our team today.