Does the FMLA provide job protections if an employee is called to active duty?

Yes, the Family and Medical Leave Act, or FMLA, provides job protections for employees who are called to active duty in California. This law requires employers with more than 50 employees to provide up to 12 weeks of unpaid job-protected leave in a 12-month period. It also requires employers to provide health insurance during the leave and to restore employees to the same or a similar job upon their return. The job-protected leave applies to those who are called into active military service in California on either a voluntary or involuntary basis. This includes reservists called to active duty and members of the National Guard who have been deployed in connection with a federal emergency. Of course, employees may need more time away from work if they are deployed on active duty. Because of this, California provides additional job protections under the California Military & Veterans Code. This includes an additional 30 days of unpaid leave for active duty service. Employees on active duty are also protected from discrimination or retaliatory action. In summary, an employee called to active duty in California is protected by the FMLA and is also entitled to an additional 30 days of unpaid leave. The FMLA and state law also provide job protections, such as discrimination and retaliatory action protection, to those employees on active duty.

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