Does the FMLA cover self-care or preventive care leave?
In California, the Family Medical Leave Act (FMLA) does not provide leave for self-care or preventive care. However, California does provide certain individuals the right to take up to 12 weeks of unpaid leave for specific reasons, such as caring for a family member or handling certain medical or health-related matters. Under the FMLA, employees are also protected from job loss or other forms of discrimination for taking such leave. The Employment Development Department of California provides a variety of resources to help employers understand their obligations under the FMLA and how to comply with the law. The California Family Rights Act (CFRA) provides certain employees with job-protected unpaid leave for self-care or preventive care. This leave may be taken for specific medical conditions, such as those related to pregnancy, cancer, HIV/AIDS, and other chronic medical conditions. The CFRA leave must be taken within 12 weeks of the date of diagnosis. Employers in California with 50 or more employees must provide employees with up to 12 weeks of leave under the FMLA and/or CFRA. However, the leave must be taken within one year of the date of diagnosis. To be eligible, the employee must have worked for the employer for 12 months, have worked at least 1,250 hours during the 12 months before the leave begins, and work at a location where the employer has at least 50 employees within 75 miles. In California, the FMLA and CFRA provide certain individuals with the right to take job-protected leave for self-care and preventive care. The two laws have different requirements, so it is important for employers to understand their obligations under each law.
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