Can I take FMLA leave to care for a family member with a serious health condition?
Yes, you can take FMLA (Family and Medical Leave Act) leave to care for a family member with a serious health condition. Under California law, eligible employees have the right to 12 weeks of unpaid job-protected time off to care for a qualifying relative who has a serious health condition. The family member must be the employee’s parent, child, spouse, or registered domestic partner. The condition must also be serious enough to require hospital care or continuing medical treatment. Under some circumstances, the employee may be eligible for an additional two weeks of paid leave. To be eligible for leave in California, you must have worked for the same employer for at least 12 months and have worked at least 1,250 hours in the 12 months preceding the leave. Employers of 50 or more employees must comply with the California Family Rights Act (CFRA). If your employer is subject to the FMLA, they must notify you of the right to take leave. You may also be eligible for Paid Family Leave (PFL). PFL provides up to six weeks of partial wage replacement benefits to care for a seriously ill family member. To receive PFL, work-related injury or disability insurance must be paid through the state’s Employment Development Department (EDD). Both FMLA and PFL provide important protections to employees when they need to take time off to care for a family member. Employers who violate the law can be subject to fines or other legal action. It is important to check with your employer for more information about your rights and the specifics of the laws.
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