Can I take FMLA leave if I have a serious health condition?
Yes, you can take FMLA leave if you have a serious health condition in California. The Family and Medical Leave Act (FMLA) is a federal law that requires certain employers to provide an employee with up to 12 weeks of unpaid, job-protected leave when the employee has a serious health condition that makes it difficult or impossible for the employee to perform their job. In the state of California, the Family Rights Act (CFRA) provides employees with an additional 12 weeks of job-protected leave to care for a family member or to bond with a newborn. The FMLA and CFRA leave can be taken together or separately. If you want to take FMLA leave for a serious health condition, you must meet certain criteria. You must have worked at least 12 months for the same employer, and for at least 1,250 hours in the 12 months prior to the start of leave. It must also be certified by a healthcare provider as a serious health condition. Examples of serious health conditions include: chronic illnesses, mental health conditions, pregnancy, and recovery from surgery. If you meet the criteria for FMLA leave, your employer must grant you up to 12 weeks of job-protected leave. Your employer cannot terminate your employment while you are on FMLA leave. Furthermore, your health insurance and other benefits will continue during the leave period.
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