FAMILY MEDICAL LEAVE 2017-12-13T21:46:25+00:00


It’s the same in every state, California employer must comply with the federal FMLA (Family and Medical Leave Act. This will allow eligible employees to take an unpaid leave, for certain reasons with the right to reinstatement. Also, California has multiple laws that will give employees the right to take leave for family and health reasons. You are entitled to the rights set out in the most protective law if you are an employee covered by more that one of these laws.

Pregnant woman at work

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.

In California however, pregnancy is not included in the term “employees own serious health condition.” Such employees’ rights are set forth in the Government Code 12945.2. A female employee in California may receive up to four months of pregnancy disability leave, plus up to twelve weeks of California Family Rights leave to care for her newborn child, if she is eligible for California Family Rights Act leave.

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Employers are subject to requirements of both state and federal family medical leave laws, if they employ fifty or more employees in each work day during each of 20 or more work weeks in the current regardless of the size as well as employees of the State of California. The California Family Rights Act also applies to the State of California and its political or civil subdivisions, regardless of the number of employees.

In order to qualify for leave under both federal and state family and medical leave laws, the employee must have been employed by the employer for at least twelve months; worked for at least 1250 hours during the proceeding twelve month period; and worked at a work site where fifty or more employees are employed by the employer within seventy five miles.

Additionally, California enacted Labor Code §233, which provides that an employee’s sick leave may be used to attend to the illness of a child, parent or spouse of the employee.

For more information or for a free case evaluation call 1-877-219-8481

Your Employment Rights: The Federal Family and Medical Leave Act


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