What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law that was designed to protect workers’ job security when family and medical issues arise. In California, this law applies to employers with 50 or more employees, meaning that anyone who works for a smaller employer is not protected under this law. FMLA allows eligible employees to take unpaid leave from their jobs for up to twelve weeks, in the event of a family or medical emergency. This includes, for example, the birth or adoption of a child, caring for an immediate family member (spouse, child, or parent) with an illness, or one’s own serious health condition. During this time away from work, the employee must be allowed to keep their health coverage and their job must be held for them when they return. However, FMLA in California does not mandate that employers give paid leave. It is simply to ensure that employees can take the necessary amount of time off for their family and medical emergency without worry that they will lose out on their job. It is important that employers understand their responsibilities under this law in order to adequately abide by it.

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