FAMILY AND MEDICAL LEAVE (FMLA)

California and federal law provide for employees to take unpaid or paid leave from their jobs for certain conditions without loss of health insurance, benefits or any other adverse employment actions. The FMLA and CFRA, or California Family Rights Act, acting in tandem, applies to state and federal agencies, public and private elementary and secondary schools and to private employers with 50 or more employees within 75 miles.

Eligibility

If your employment qualifies as indicate above, you must have worked for your employer for at least 1250 hours in a 12-month period or worked for that employer for 12-months overall.

Leave Conditions

• Birth or adoption of a child within one year
• Placement of a foster child within the first year of placement
• To care for an immediate family member suffering a serious condition
• If you were seriously injured or suffering from a serious health condition that has incapacitated you
• You need to care for an immediate family member serving in the armed services under certain conditions

The employee must give 30 days if the condition is reasonably anticipated or foreseen; otherwise, it should be given as soon as practicably possible.

Amount of Leave

Employees are guaranteed up to 12-weeks in a 12-month period.

FMLA Process

• Submit a Notice-Request FMLA/CFRA Leave at least 30 days before the date the leave is to begin or as soon as practicably possible.
• Submit a FMLA/CFRA Med-Certification form from a qualified healthcare provider within 15 days of the request for leave, if practicable
• Provide a re-certification if additional leave is requested
• When returning to work, submit a release from care from the healthcare provider

Employers’ Obligations

• Process all FMLA/CFRA leave requests within 2 business days
• Provide a written reason or response for approval or denial of the request for leave
• Provide to the employee “Your Rights Under the Family and Medical Leave Act of 1963” and “The Family and Medical Leave Act of 1993 Fact Sheet” to any employee requesting a leave
• Guarantee to the employee continuation of their health insurance and that the employee’s job, or equivalent, will be restored to him/her along with prior wages and benefits and no loss of seniority status.

Filing a Complaint

Any employee who feels their request for leave was unreasonably denied or who were not restored their prior employment status and benefits may file a complaint with the Wage and Hour Division of the Department of Labor or file a private lawsuit against the employer in civil court within 2 years of the violation or 3 years if the violation was willful.