Does the FMLA guarantee job protection if an employee needs to care for an ailing family member?

Yes, the Family and Medical Leave Act (FMLA) provides job protection for employees in California who need to take time off to care for an ailing family member. The FMLA is a federal law that provides eligible employees up to 12 weeks of job-protected leave during any 12-month period, and it applies to both public and private employers with 50 or more employees in a 75-mile radius. Under the law, employees may use their leave to care for a family member with a serious health condition, including a spouse, child, or parent who may be unable to care for themselves. When taking FMLA leave, an employee is entitled to maintain their health benefits and other job benefits, and their job or a substantially similar position must be waiting for them when they return. During the eligible leave period, an employer may not terminate, discriminate, or take other action against an employee for taking approved leave. However, the law does not require employers to pay wages during the leave period. Though the FMLA only applies to employers with 50 or more employees, California also has two state laws that protect employees from job loss due to family care obligations: the California Family Rights Act (CFRA) and the New Parent Leave Act (NPLA). These laws also provide job protection to employees who need to take time off to care for an ailing family member and may apply to employers who do not meet the criteria of the FMLA.

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Does the FMLA guarantee job protection if an employee needs to care for an ailing family member?

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