Who is Covered Under FMLA in California?
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid leave to care for themselves or a family member with a serious health condition. In California, the California Family Leave Act (CFLA) expands on the FMLA, providing additional protections to employees.
Who is Eligible for FMLA/CFLA Leave?
To be eligible for FMLA/CFLA leave, you must meet the following criteria:
- Work for a covered employer: Your employer must have at least 50 employees working at least 20 weeks per year.
- Have worked for your employer for at least 12 months: This means you must have worked at least 1,250 hours in the previous 12 months.
- Have a qualifying reason for taking leave: This includes caring for yourself or a family member with a serious health condition, bonding with a newborn child, or adopting a child.
What is a Serious Health Condition?
A serious health condition is defined as an illness, injury, or impairment that requires inpatient care or continuing treatment by a health care provider. This includes conditions such as:
- Cancer
- Heart disease
- Organ transplants
- Pregnancy, childbirth, or related medical conditions
- Mental health conditions
How Much Leave Am I Entitled To?
Under the FMLA, you are entitled to up to 12 weeks of unpaid leave in a 12-month period. However, under the CFLA, you may be entitled to up to 52 weeks of leave in a 12-month period.
What About Pregnancy Disability Leave?
In addition to FMLA/CFLA leave, California employees who are pregnant are also entitled to up to 4 weeks of pregnancy disability leave. This leave is paid at 55% of your average weekly earnings.
How to File for FMLA/CFLA Leave
If you believe you are eligible for FMLA/CFLA leave, you should notify your employer in writing as soon as possible. Your employer may require you to provide medical certification to support your request.
Frequently Asked Questions
How to know if I am eligible for FMLA/CFLA leave?
To determine your eligibility, you must work for a covered employer, have worked for your employer for at least 12 months, and have a qualifying reason for taking leave.
How to calculate my FMLA/CFLA leave entitlement?
Under the FMLA, you are entitled to up to 12 weeks of unpaid leave in a 12-month period. Under the CFLA, you may be entitled to up to 52 weeks of leave in a 12-month period.
How to request FMLA/CFLA leave?
You should notify your employer in writing as soon as possible. Your employer may require you to provide medical certification to support your request.
How to continue my health insurance while on FMLA/CFLA leave?
Under the FMLA, you may be able to continue your health insurance coverage while on leave by paying the premiums yourself. Under the CFLA, your employer is required to continue your health insurance coverage while on leave.
How to return to work after FMLA/CFLA leave?
You should notify your employer in writing at least 30 days before your return to work. Your employer may require you to provide medical certification to support your return to work.
I hope this blog post has been helpful. If you have any questions, please feel free to leave a comment below.
Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Please consult with an attorney