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.
Related FAQs
Does the FMLA require employers to pay employees on FMLA leave?Can an employee take FMLA leave for a family member's medical appointment?
Can I receive compensation for wages or benefits lost due to FMLA violations?
Can employers require a doctor's note to verify an employee's FMLA leave?
Does the FMLA protect an employee's benefits if the employee's job is eliminated?
Can I take FMLA leave for a company-approved trip or training?
Does the FMLA guarantee job protection for an employee returning from active military service?
What type of employees are eligible for FMLA leave?
Can an employer deny an employee's request to take FMLA leave?
Is an employee required to pay for health benefits while on FMLA leave?
Related Blog Posts
FMLA Law: What You Need to Know About Your Rights - July 31, 2023Navigating the FMLA Leave Process: A Step-By-Step Guide - August 7, 2023
Employee Eligibility Requirements for FMLA Leave - August 14, 2023
Understanding How FMLA Leave Works in Your State - August 21, 2023
Explanation of Eligible Uses for FMLA Leave - August 28, 2023