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 employer deny an employee's request to take FMLA leave?Does my employer have to reinstate me to my former position after FMLA leave?
Are employers required to grant intermittent or reduced schedule FMLA leave?
Does the FMLA provide job protection for employees affected by the closure of a business?
Are employees entitled to job-protected leave for the death of a family member?
Does my employer have to pay me while I'm on FMLA leave?
Does the FMLA require employers to hold a job for an employee on FMLA leave?
Can I take FMLA leave during my spouse's active duty tour?
Can an employee take FMLA leave for a family member's medical appointment?
Can I take FMLA leave to care for a seriously ill family member who lives out of state?
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