Do employers have to grant FMLA leave for the birth or adoption of a child?

Yes, employers in California have to grant Family Medical Leave Act (FMLA) leave for the birth or adoption of a child. FMLA is a federal law that requires employers to give employees time off to care for their families. It requires employers to provide up to twelve weeks of unpaid leave to employees who have been employed for at least twelve months and 1,250 hours in the past year. This leave can be used to care for a new baby or newly adopted child – the employee must provide notice of the need for the leave to their employer when they are requesting it. Employees who get FMLA leave also have the right to return to the same job or an equivalent job when the period of leave is over. During the leave period, their employer must continue to provide health insurance and the benefits that they were receiving before the leave. FMLA leave is available to employees regardless of their gender, race, or other characteristics, and is not meant to be punished if it is requested or used. Employers cannot retaliate or take any negative action against an employee for using the leave. It is illegal for employers to interfere with, restrain, or deny the exercise or attempted exercise of an employee’s rights under the FMLA.

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Do employers have to grant FMLA leave for the birth or adoption of a child?

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