Being able to take time off from a demanding work when a close relative is ill is consoling. The Family Medical Leave Act (FMLA), enacted by the federal government, grants employees the right to take time from work due to personal or family medical issues. When doing so, the employer safeguards the worker’s right to return after the leave is finished to the same job or position with the same pay and benefits.
California also passed the Fair Employment and Housing Act (FEHA), which includes the California Family Rights Act (CFRA). Similar to the FMLA, it grants workers rights to family leave. However, employees who are dealing with health difficulties should be aware of the variations between these rules. Read on to learn more about them. If you have been wrongfully terminated due to taking family or medical leave, contact PLBH at (800) 435-7542 to speak to an FMLA attorney.
What Is the FMLA Process? How Do You Establish FMLA Eligibility?
All government organizations and for-profit businesses with 50 or more employees and 20 or more workweeks per year are covered by the CFRA and the FMLA. If an employee satisfies the following FMLA conditions, they are permitted to take medical leave for themselves or to care for family members:
- Within 75 miles of the workplace of the individual requesting leave, the company must employ at least 50 workers
- Before the commencement of the leave, the employee put in at least 1,250 hours of work, or roughly 24 hours each week
- The person needed to have worked for that specific employer for at least a year
Note that the person did not have to work this time consecutively unless the hiatus in employment was longer than seven years
Your Rights Under the FMLA
An employee who qualifies for family medical leave may take up to 12 unpaid workweeks in a calendar year. Employees may also work fewer hours or take intermittent FMLA leaves with their employer’s permission in certain situations.
What Situations Are Suitable for FMLA Use?
For reasons covered by the FMLA, employees may request a period of leave under the Family Medical Leave Act. Some employers could demand that you utilize your paid time off either in lieu of or in addition to your FMLA leave. Family medical leave regulations frequently protect the following qualifying conditions:
Family Members: According to the Act, an employee may request leave for their spouses, parents, or kids. Children under the age of 18 who are employed, however, are ineligible for leave to care for their parents. Working parents are also prohibited from taking time off to care for children who are older than 18 years old.
Care for a new child. When a new child is born, working parents—including the father—are eligible for leave. This covers giving birth to a child, adopting a child, or even placing a child in foster care. A part of maternity leave or paternity leave may be counted by some employers as unpaid FMLA leave. Employees may also use personal days or short-term disability in addition to this.
California’s Pregnancy Disability Leave
The CFRA does not offer leave for pregnancy disabilities, which would allow for leave before childbirth, which is a key difference between the FMLA and the CFRA. Employees who are unable to work due to pregnancy, delivery, or conditions associated to it may be eligible for up to four months of PDL under the FEHA, provided they meet specific criteria.
Are FMLA Leaves Paid or Unpaid?
An employee usually isn’t entitled to salary while on family leave. However, if the worker had accrued vacation time, they could use it as pay while on family leave. Sick pay may be used as pay throughout the leave period if the employee has taken time off due to a personal sickness. However, if an employee has taken a leave of absence to care for a family member, sick pay cannot be used to pay the employee.
Other laws, like the California Paid Family Leave/Family Temporary Disability Insurance program from the State Disability Insurance (SDI) program, may provide up to six weeks of partial pay for workers caring for sick family members and those who have recently given birth to, adopted, or fostered a child. One of the only states in the US with this program is California.
If you have questions or have been terminated due to legally protected family leave, contact PLBH at (800) 435-7542 for a legal consultation.