Can I take FMLA leave to care for a newborn or adopted child?

Yes, you can take FMLA leave to care for a newborn or adopted child in California. The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of leave within a 12-month period for certain medical and family reasons, including birth or adoption of a child. In California, an eligible employee can take FMLA leave for the birth or adoption of a child, and the leave can be used either all at once or intermittently. In order to be eligible for FMLA leave in California, you must meet certain qualifications. You must have worked for the employer for at least 12 months and have at least 1,250 hours of service in the 12 months prior to the leave. You must also work for a covered employer, which is generally defined as any private employer with 50 or more employees or any public employer. If you meet the qualifications, you can take up to 12 weeks of unpaid, job-protected leave in California. This means that your employer must provide you with the same job or one that is equivalent to your original job upon returning from FMLA leave. Additionally, while you are on FMLA leave, your employer must continue to provide you with any health insurance coverage that you had prior to taking the leave. In California, the amount of time off an employee can take has no impact on their health insurance benefits. In summary, if you meet the qualifications, you may be eligible to take FMLA leave in California for the birth or adoption of a child. The leave must be unpaid and job-protected, and your health insurance benefits remain intact.

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