Family and Medical Leave Act
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Family and Medical Leave Act
The Family and Medical Leave Act, commonly known as FMLA, is the federal statute that mirrors California’s Family Rights Act, or CFRA. FMLA applies to the entire United States.
FMLA allows you (if your employer has at least 50 employees) to take up to 12 weeks of unpaid, job-protected leave in a 12-month period in order to:
- be a caregiver for your spouse, parent, or child with a serious health condition;
- bond with a newborn, adopted child, or foster child;
- address and recover from your own serious health condition (including pregnancy);
- tend to military-related “qualifying exigencies,” such as spending time with an active-duty military family member on short-term leave from the Armed Forces, National Guard or Reserves.
While you are on FMLA, your employer must continue providing healthcare benefits. Then once your FMLA leave is over, you can return to your
- Same job or
- a comparable position.
Do I qualify for FMLA?
There are several requirements to qualify for FMLA. Those requirements are summarized in the table below:
| FMLA | |
| Covered employers | 50 or more employees |
| Your worksite | Has 50+ employees within 75 miles |
| Length of Employment | At least one year |
| Hours Worked | At least 1,250 hours in the 12 months preceding your leave |
| Covered family members |
|
| Purpose of leave |
|
| Length of leave | 12 weeks (26 weeks for the purpose of caring for a military family member with a serious illness or injury) |
Can my employer punish me for taking leave?
No. It is illegal for an employer under California state law to take adverse employment action against you because of your choice to make a leave request and take leave if you followed the law.
Adverse employment actions can include:
- wrongful termination
- failure to promote,
- Suspension
- Write-ups
- harassment
- discrimination
If you have faced an adverse employment action as a result of taking leave, please contact us immediately.
DO YOU HAVE ANY QUESTIONS?
Frequently Asked Questions
What is the Family and Medical Leave Act (FMLA)?
FMLA is a federal law providing eligible employees up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, caring for family members, or bonding with a new child. Your health benefits continue during leave.
Who qualifies for FMLA leave?
You must work for an employer with 50+ employees within 75 miles, have worked there at least 12 months, and have worked at least 1,250 hours in the past year. California’s CFRA has similar but more inclusive requirements.
Can my employer deny FMLA leave?
Employers cannot deny FMLA leave to eligible employees for qualifying reasons. Denial of legitimate leave requests, retaliation for taking leave, or failure to reinstate you afterward violates federal law and may warrant legal action.
What's the difference between FMLA and CFRA?
CFRA is California’s family leave law with broader coverage—it applies to employers with 5+ employees and covers more family members. FMLA requires 50 employees. Both provide 12 weeks of protected leave and often run concurrently.
