What type of employees are eligible for FMLA leave?
In California, any employee who has worked for an employer in a 12-month period, and has worked at least 1,250 hours during the 12-month period, is eligible for leave under the Family and Medical Leave Act (FMLA). All employers with 50 or more employees within 75 miles must comply with the FMLA. Employers are required to provide unpaid leave for eligible employees for up to 12 weeks for serious health conditions, care for an immediate family member, to care for a newborn, or to care for an adopted child. Eligible employees may also take up to 26 weeks of Leave in order to care for a family member who is a member of the Armed Forces, including National Guard and Reserve, who has a serious injury or illness. Eligible employees must also meet certain criteria to be status-eligible for leave, such as having been employed for at least 12 months, having worked at least 1,250 hours during the past 12 months, and working at a worksite with 50 or more employees within 75 miles. The FMLA provides job protection for employees who take leave and requires employers to continue to provide health insurance coverage while the employee is on leave. Upon return from leave, the employee must be reinstated to their former position or an equivalent one with the same pay, benefits and other conditions.
Related FAQs
Can an employee take FMLA leave for a family member's medical appointment?Does my employer have to provide me with a guarantee that I will get the same or equivalent job after my FMLA leave?
How does the FMLA affect an employee's eligibility for benefits?
How is a 12-month period defined for FMLA eligibility purposes?
Can an employee take FMLA leave to care for a family member with an illness that requires frequent medical treatment?
Can my employer deny my request for FMLA leave?
Does the FMLA guarantee job protection if an employee needs to care for an ailing family member?
Can employers require a doctor's note to verify an employee's FMLA leave?
Is an employee eligible for FMLA leave if they need to care for a parent with a serious health condition?
Can I take FMLA leave if I am pregnant?
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