Family and Medical Leave in California: Employee Rights and Employer Obligations

December 14, 2023 Admin Employment Law

In California, the Family and Medical Leave Act (FMLA) provides certain employees the right to take unpaid leave for specified family and medical reasons without fearing losing their jobs. While FMLA is a federal law, California also has state-specific regulations that extend and enhance these protections. If you find yourself in a situation where you need to navigate the complexities of FMLA in California, consulting with an experienced employment attorney in Los Angeles is crucial.

Key Points Regarding Employee Rights And Employer Obligations

Eligibility Criteria: To be eligible for FMLA in California, employees must have worked for their employer for at least 12 months and accumulated at least 1,250 work hours during the previous 12 months.

Qualifying Reasons for Leave: Employees can take FMLA leave for various reasons, including the birth or adoption of a child, the serious health condition of the employee or their family member, or certain qualifying exigencies related to a family member’s military service.

Duration of Leave: Eligible employees can take up to 12 workweeks of unpaid leave in 12 months for qualifying reasons under FMLA. Depending on the employer’s chosen method, these 12 months may be calculated differently.

Employer Obligations: Employers covered by FMLA in California must inform employees of their rights under the law and provide the necessary forms and information for requesting leave.

Employers are generally required to maintain health insurance benefits for employees on FMLA leave, and employees must be reinstated to their original or equivalent position upon return.

Interplay with State Law: California provides additional protections beyond FMLA. For example, the California Family Rights Act (CFRA) provides similar leave rights, but it may apply to smaller employers not covered by FMLA.

Consulting an Employment Attorney in Los Angeles

Navigating the complexities of employment law, especially FMLA in California, can be challenging. An experienced employment attorney in Los Angeles can provide valuable guidance, protect your rights, and help you understand the specific nuances of state and federal regulations.

In Los Angeles, many reputable employment law attorneys specialize in assisting employees with their rights under FMLA and other related issues. If you believe your rights have been violated or need assistance understanding your entitlements, seeking legal advice is a prudent step to take.

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