The Family and Medical Leave Act (FMLA) allows eligible employees to take job-protected leave for certain reasons. To qualify for FMLA, an employee must work for a covered employer, work 1,250 hours during the 12 months prior to the start of leave, work at a location where 50 or more employees work at that location or within 75 miles of it, and have worked for the employer for 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. Eligible employees can take FMLA leave for the following reasons:
- To care for a child, spouse, or parent who has a serious health condition.
- For the employees own serious health condition that makes the employee unable to perform their job.
- For the birth and care of a newborn child of the employee.
- For placement with the employee of a child for adoption or foster care.
- For qualifying exigencies arising out of the fact that the employees spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.
FMLA leave is generally unpaid, but employees may be able to use accrued paid time off or apply to the California Employment Development Department (EDD) for State Disability Insurance (SDI) or Paid Family Leave (PFL) and qualify. The FMLA makes it illegal for an employer to stop, fire, or discriminate against an employee when they exercise their rights under the FMLA.
