Can I take FMLA leave for my own illness?
Yes, you can take leave under the Family and Medical Leave Act (FMLA) for your own illness in California. To be eligible for leave under the FMLA, you must have worked for your employer for at least 12 months, including at least 1,250 hours during the 12 months prior to your leave. FMLA leave may be taken for up to twelve weeks for your own serious health condition, meaning an illness, injury, or other physical or mental condition that requires inpatient care or ongoing medical treatment. It also includes pregnancy, childbirth, and recovery from such conditions. When you take FMLA leave, your employer must continue to provide health insurance coverage and other benefits as normal, and you may not be replaced or disadvantaged in any way. Your employer also can’t require you to take leave in smaller increments than you want. If you return to work after taking FMLA leave, you must be allowed to come back to the same job or one that is virtually identical. When you take FMLA leave, your employer may require you to provide certifications from your doctor or other health care provider, verifying your need for the leave for your own serious health condition or for family care. If you are taking leave for your own illness, your doctor must certify that you are unable to work for a time period of at least 3 days and provide other details about your illness.
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