What are the rights of workers under the Family and Medical Leave Act?

Under the Family and Medical Leave Act, workers in California have the right to take up to 12 workweeks of unpaid leave in a 12-month period for certain family and medical reasons. These include the birth of a child, the care of an immediate family member, the employee’s own serious health condition, and certain military situations. Employers must also continue health insurance during the leave, and workers must be allowed to return to their same or an equivalent job upon their return to work. Employees must provide 30-day notice when possible, and employers may require workers to present a certification of the need for leave. Additionally, employers are prohibited from discriminating against employees for taking leave, or for participating in the FMLA process in any way. This includes any type of retaliation, such as termination, demotion, reduction in pay, or other type of negative action. Finally, employers cannot interfere with the rights that workers have under the FMLA. This includes verbally or physically intimidating an employee into not using their FMLA rights, discouraging an employee from using their FMLA rights, or denying an employee’s request for FMLA leave when it is appropriate. In summary, under the Family and Medical Leave Act, workers in California have the right to take up to 12 weeks of unpaid leave each year for certain family and medical reasons. Employers must continue health insurance during the leave, and they are prohibited from discriminating or retaliating against employees for taking FMLA leave.

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