What is the Family and Medical Leave Act?

The Family and Medical Leave Act (FMLA) is a federal law that was enacted in 1993. It provides employees in California with the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the birth or adoption of a child, or for a serious health condition for themselves or a family member. In order to be eligible for the FMLA, an employee must have been employed by their employer for at least 12 months, have worked at least 1,250 hours during the year prior to taking leave, and work at a location where their employer has at least 50 employees within a 75-mile radius. When taking FMLA leave, employees can take up to 12 weeks of unpaid leave during a 12-month period, but they must also return to their job once their leave period ends. In addition, employees can take additional unpaid leave to care for a family member with a serious health condition, and the employer must continue to provide all health benefits while the employee is on leave. Under the FMLA, California employers must also provide employees with job-protected leave. This means that an employer cannot terminate, demote, or otherwise discriminate against an employee who requests or uses leave under the act. While the FMLA does not provide employees with compensation for the time they are on leave, employees can use accrued vacation or other paid time off to make up for some of the lost wages.

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What is the Family and Medical Leave Act?

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