Does the FMLA cover temporary disability leave?
Yes, the Family and Medical Leave Act (FMLA) does cover temporary disability leave in California. The law, which applies to employers with 50 or more employees, requires employers to allow employees to take up to 12 weeks of unpaid, job-protected leave for medical or family reasons. This includes when an employee is temporarily disabled, including because of pregnancy or childbirth, for serious medical conditions, or for certain family events, such as caring for a family member with a serious health condition. The FMLA also applies to disability leave that falls under the state’s disability insurance program. This means that employees are entitled to take time off to care for themselves or a family member who is temporarily disabled due to a serious health condition and covered by the state’s disability insurance program. In addition, the law protects employees from job loss, pay deductions, or other retaliatory actions due to taking disability leave. The law also requires employers to provide employees with reasonable accommodations during their disability leave. For instance, employers must offer the same flexible scheduling options that they provide to other employees taking leave under the law. In addition, employers must make reasonable efforts to maintain the same position, or an equivalent one, for returning employees after their disability leave ends.
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