What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law that protects the rights of individuals with disabilities in the state of California. Under FMLA, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. This includes time off to care for a child with a serious health condition, to care for oneself or a family member with a serious health condition, or for certain military responsibilities. Eligible employees are those employed by a public agency, elementary and secondary schools, or a private employer with 50 or more employees for at least 20 workweeks during the current or preceding year. Employees must have been employed for at least 12 months and must have worked at least 1,250 hours in the 12 months prior to the start of leave. For employees entitled to FMLA leave, employers must maintain group health insurance benefits and continue coverage for the duration of the leave, as though the employee had not taken leave. Employers also must restore the employee to the same or an equivalent job upon return from leave. FMLA provides job protection for qualifying employees, allowing them to take care of themselves and their families without fear of job loss. Additionally, under the California Healthy Workplaces, Healthy Families Act of 2014, qualifying employees may be entitled to up to 10 weeks of unpaid leave in a 12-month period, with a maximum of 6 weeks to bond with a new child. In sum, the FMLA is a federal law that provides job protection and health insurance benefits to eligible individuals with disabilities, allowing them to take time off for their own health or for their family. The California Healthy Workplaces, Healthy Families Act of 2014 further extends job protection and benefits for individuals in the state.

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