Employees in California may be covered under either the federal Family Medical Leave Act, or the California Family Rights Act. Both Acts are substantially the same. However, there are significant differences which may apply to particular employees.
Generally, the federal and California Family Medical Leave laws require each covered employer to permit eligible employees to take up to twelve weeks of leave during a twelve month period for certain specified purposes. Leave may be taken to care for an employee’s newborn child; to care for a child placed with the employee for adoption or foster care; to care for the employee’s spouse, child or parent who has a serious health condition; or for the “employee’s own serious health condition” that makes the employee unable to perform the essential functions of the employee’s position.