fmla leave california

Understanding FMLA Leave Laws in California: A Guide for Employees

If you or a loved one needs to take extended time off work due to a serious health condition, FMLA leave allows eligible employees in California up to 12 weeks of job-protected time off. But navigating the complex state and federal laws around FMLA can be tricky. This guide breaks down the basics so you know your rights.

Who’s Eligible for FMLA Leave in California?

To take FMLA leave in California, you must have worked for your employer for at least 12 months – not necessarily consecutively – and logged at least 1250 hours for that employer in the last 12 months. Your employer must also have at least 50 employees within 75 miles of your worksite.

California has separate laws – CFRA and PDL – that have expanded FMLA eligibility. For example, under PDL, companies with 5+ employees have to offer up to 4 months of leave for pregnancy-related conditions like childbirth recovery or morning sickness. The CFRA reduced the 1250 hours threshold to just 180 hours for airline flight crew employees. So in CA, more folks qualify.

Valid Reasons for Taking FMLA Leave

You can take job-protected time off under FMLA/CFRA laws for:

• – Your own serious health condition
• – To care for your spouse, registered domestic partner, child, or parent with a serious health condition
• – Bonding with a newborn, newly adopted, or newly placed foster child

And under PDL, you can take leave for pregnancy, childbirth recovery, or related medical conditions. So migraines, nausea, doctor appointments etc. all count.

Types of FMLA Leave

FMLA has a couple different categories of leave:

Continuous Leave

This is when you take one continuous block of leave time – like 8 straight weeks off after having a baby. Easy-peasy.

Intermittent Leave

With intermittent leave, you take FMLA in separate blocks of time – maybe a few hours here and there for recurring medical treatments over several months. To qualify for intermittent FMLA in California, you must show medical necessity with a doctor’s certification.

Reduced Schedule Leave

This allows you to work a lighter schedule – like switching from full-time to part-time. Again, your doctor has to confirm it’s medically necessary.

How Much Time Off Do I Get?

FMLA gives eligible employees:

• – 12 weeks of leave in a 12-month period for health conditions, new babies, adoption etc.
• – Up to 26 weeks of military caregiver leave to care for an injured service member (includes the 12 weeks above)

Then under California’s CFRA, you get another 12 weeks of leave for personal health or family caregiving. PDL offers an additional 4 months for pregnancy/childbirth recovery. So in total, you could have up to 36 weeks protected if you qualify under all 3 laws!

Getting Paid During FMLA Leave

Now the confusing part – FMLA protects your job while you take leave, but it does not require employers to keep paying you. Bummer. However, you may be entitled to pay via:

1. Paid Sick Days

If you have paid sick days or PTO banked, your work must allow you to use this while out on FMLA. So you’d get a portion of your usual wages.

2. State Disability Insurance (SDI)

If you pay into CA’s SDI program, you could get a percentage of usual earnings – up to $1,357/week as of 2023. SDI covers leaves for your own health condition or pregnancy.

3. Paid Family Leave (PFL)

The PFL program pays up to 8 weeks of benefits to care for an ill family member or bond with a new baby. Again, this pays a percentage of usual wages capped at $1,357/week.

4. Workers’ Comp

If your serious health condition was caused by a workplace injury, workers’ comp insurance may pay a portion of income and medical expenses.

Applying for Leave

To start the ball rolling, give your employer at least 30 days written notice when possible. Explain why you need leave and how long you expect to be out. From there, follow your workplace policy – you’ll likely need supporting medical documentation.

If your employer has an FMLA packet, complete any required paperwork. This helps show you provided adequate notice and establishes eligibility. Keep copies for your records too!

Job Protection Rights

When you return from FMLA leave, federal law grants you the right to be reinstated to your prior position or an equivalent role:

• – With the same or equivalent pay, benefits, working conditions
• – Without loss of accrued seniority

Your employer cannot punish you or treat you differently for taking protected leave. So no demotions, pay cuts, or changes to job duties. If you feel targeted or experience retaliation, speak to an employment lawyer right away.

When FMLA Leave Ends

Generally, FMLA protection stops after 12 weeks in a 12-month period. But in California, CFRA may allow you another 12 weeks, for 24 weeks total in a year. Other exceptions include:

• – If you exhaust available leave but still can’t return to work, your job may not be protected
• – Key employees making over $150k could lose job restoration rights if reinstatement causes “substantial economic injury” to operations
• – Employees who give false reason for leave or work elsewhere during leave may be terminated

Talk to HR if you may need extra time beyond the protected period. See if extended medical leave is an option.

Next Steps If You Need FMLA Leave

Navigating FMLA and California leave laws is tricky, but know your rights. If you need extended time off work in CA, first confirm eligibility with your employer’s HR. Have medical paperwork ready to support the leave request. And consider supplemental pay options like state disability programs or paid family leave.

Most importantly, keep open communication with your workplace and hold them accountable to reinstating you properly when your protected leave ends. Don’t hesitate to contact a lawyer if you experience retaliation or job changes upon returning to work after FMLA leave.