Under federal and state labor laws, you have the legal right to take prolonged leave in the event of a family or medical emergency. Very little can prevent you from taking that leave, and if your employer tries to stop you, you may have grounds for legal action. If you meet the qualifications for FMLA leave, you can take it. It is important that you understand the California FMLA laws before making plans for your leave.

What Is California’s FMLA Law?

Californian workers are protected by the Family and Medical Leave Act of 1993, which guarantees employees who meet certain criteria the right to prolonged leave from work for very specific reasons. The FMLA is enforced by the U.S. Department of Labor and provides coverage for all California employees who meet the following criteria:

• You have worked at your company for at least one consecutive year.
• The company you work for employs at least 50 employees who all work within 75 miles of the workplace.
• For the past year, you have worked for your employer for 1,250 hours prior to the time your planned leave begins.

If you meet all three of these criteria, you are entitled to up to 12 weeks of leave within a 12-month period. The FMLA prevents you from losing your job during the time of your leave. It also prevents your employer from docking your pay, denying you promotions, or demoting your position because of your prolonged leave.

California employers must comply with FMLA laws. Failure to do so can open the employer up to potential FMLA lawsuits and damages. Part of the FMLA that your employer must follow also includes allowing you the time on leave to rest and recover from your medical condition. They are not allowed to ask you to complete any work on leave or participate in any employment-related activities.

When Can You Take FMLA Leave?

Before you can take your prolonged FMLA leave, you must provide your employer with at least 30 days’ notice. You also are not permitted to take FMLA leave for any reason you choose. Under federal law, you will need to discuss the details of your leave with your employer. While you don’t need to disclose personal details, you may have to provide enough information so your employer understands that the leave is permitted under the FMLA.

Taking FMLA leave is permitted under federal law. If your intended use of the FMLA leave is protected, your employer cannot legally stop you from taking it. Sometimes, providing 30 days’ notice may not be feasible due to sudden, unavoidable circumstances. In those cases, you should provide your employer with as much notice as you can, however much that may be in your circumstances.

If you fail to provide your employer with proper notice and fail to explain why you require FMLA leave, your employer is permitted to deny your leave. The right of the employer to deny FMLA leave depends entirely on the details of your specific case. In some cases, your employer can choose to waive the notice requirement entirely.

Since FMLA is a federal protection law for workers, employers are mostly prohibited from standing in the way of an employee seeking their FMLA leave. Unfortunately, some employers attempt to block this protected leave by masking it in legal denials. If your right to FMLA is violated by your employer, you can file a complaint with the Wage and Hour Division of the U.S. Labor Department or pursue a claim with a wage and hour lawyer.

California FMLA Law FAQs

Q: What Are the Rules for FMLA in California?

A: The rules for taking FMLA leave in California reflect the federal laws established to protect employee leave. For an employee to take their prolonged family or medical leave, they must meet certain criteria, including working for a covered employer, working at least 1,250 hours for that employer over a year-long period, and working for a company with at least 50 employees who work in the area.

Q: Do I Get Paid for FMLA in California?

A: No, FMLA does not provide paid leave; however, in California, you can qualify for pay through the state’s Paid Family Leave. The PFL program provides short-term wages for people who take up to eight weeks of family or medical leave during a 12-month period. You can recoup approximately 60% to 70% of the wages you have earned in the prior 18 months through the PFL program.

Q: When Can an Employee Take Their FMLA Leave?

A: There are multiple reasons you can take your FMLA leave, and all of them involve family or medical emergencies. You can take your FMLA leave to give birth to a child or be present for your spouse’s birth, begin the process of adopting a child, care for an immediate family member’s prolonged illness, recover from your own prolonged illness, or qualify exigencies related to military service. Regardless of your reason, you’ll still have to notify your employer first.

Q: What Constitutes a Serious Health Condition?

A: A serious health condition that qualifies you for FMLA leave is any health condition that fully incapacitates you or a family member to the point that you will require hospital stays or ongoing care. This can also include pregnancy, which can require ongoing prenatal care, extended hospital stays, frequent bed rest, and incapacity due to morning sickness. Essentially, if you wish to use FMLA leave for a prolonged illness, it will likely be considerably serious.

Reach Out to an FMLA Lawyer Today

It can be overwhelming to have to take extended leave from your job to deal with a family or medical crisis. You may already be feeling stressed because of the incident itself. Adding the stress of fighting your employer for the right to take your leave may be too much. An experienced FMLA lawyer from Theory Law can help you determine the most effective way to handle your case. Contact us to schedule a consultation as soon as possible.