California FMLA (Family and Medical Leave Act) Laws 2024 Explained

It can be hard for both workers and employers to figure out the complicated laws surrounding leave in California, although the state is known for having advanced labor protections. There are different types of leave that can sometimes overlap, so it’s important to know how these rules work together. California FMLA laws are in place to protect workers.

What Is the FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that was passed in 1993. It lets certain workers of covered employers take time off for family or medical reasons without pay while keeping their jobs. The FMLA makes sure that workers don’t have to worry about being terminated when they need to take time off to deal with serious personal or family health problems.

Who Can Get FMLA?

You are eligible for the FMLA if you:

• Worked for a covered company: Companies in the private sector with 50 or more workers who put in 20 or more workweeks in the current or previous calendar year are covered. Public agencies and public or private elementary or secondary schools are also involved.
• Have worked for the company for at least one year: The 12 months don’t have to come one after the other.
• Have worked at least 1,250 hours in the 12 months prior to the beginning of the leave.
• Work somewhere within 75 miles where the company has at least 50 other workers.

What Does the FMLA Cover?

The FMLA lets workers who are qualified take time off that equals 12 weeks or less of unpaid leave every year for the following reasons:

• The birth of a baby and taking care of it
• Putting a child up for adoption or placing them in foster care
• Taking care of a minor, spouse, or parent who is close to the worker and has a severe illness
• The worker has a major illness that keeps them from doing the most important parts of their job.
• Any important situation that comes up because the worker’s partner, child, or parent is on active duty or has been told they will soon be called or sent to active duty in the Armed Forces.

Additionally, the FMLA lets an employee who is the service member’s partner, child, parent, or next in line of kin care for them while they are seriously sick or hurt for up to 26 weeks in a year (military caregiver leave).

The California Family Rights Act (CFRA) and California’s Pregnancy Disability Leave (PDL)

The California Family Rights Act (CFRA) is California’s leave law for family or medical causes. It’s similar to the FMLA in some ways, but it covers more people and has some clear differences.

Almost all of the standards for eligibility under CFRA are the same as those under FMLA. What makes CFRA different from FMLA is that it does not cover leave for conditions tied to pregnancy. Instead, California’s Pregnancy Disability Leave (PDL) law does. The CFRA also lets you take time off to care for a partner or their child, but the FMLA does not.

The Pregnancy Disability Leave (PDL) rule in California lets workers take up to four months off if they are unable to work because of pregnancy, the birth of a child, or a related medical condition. This leave can be taken on top of CFRA leave, which means that a new mom may be able to take more time off work.

How FMLA and CFRA Work Together

FMLA and CFRA both offer benefits that are similar, but they don’t always work together. For instance, when an employee needs time off because of a condition caused by pregnancy, that time off is covered by PDL, not CFRA. Once the worker has fully healed from the pregnancy-related illness, they may be able to take CFRA leave to bond with the new child. This would allow them to take more time off than FMLA alone would allow.

Also, CFRA covers more family ties than FMLA does. However, if an employee takes leave for a reason that is covered by both FMLA and CFRA, like caring for a severely ill spouse, the leaves will run at the same time. If the reason for the leave is only covered by CFRA, like care for a partner, the worker may be able to get an extra 12 weeks of leave under CFRA, even if they have already used up all of their FMLA leave.

FAQs

What Are the Rules for FMLA in California?

The Family and Medical Leave Act (FMLA) in California permits qualified workers to take time off that equals 12 weeks or less of unpaid leave. This type of leave protects your job for certain familial and medical needs throughout a period of 12 months. To be eligible, an employee must be employed for a minimum of 12 months, work for an employer that is covered and have completed at least 1,250 hours of labor in the previous year.

You can utilize the leave for family care, child bonding, or serious health concerns.

Do I Get Paid for FMLA in California?

In California, FMLA leave is not compensated. Employees may, however, be compensated for FMLA leave under the State Disability Insurance (SDI) or Paid Family Leave (PFL) programs in California. While SDI covers personal health issues, PFL offers a partial pay replacement for caring for a chronically ill family member or bonding with a new child. Payroll payments from employees support both of these programs.

Can an Employer Deny FMLA in California?

If an employee is qualified for FMLA leave and has a valid cause for taking time off, their employer cannot refuse them. However, the employer has the right to refuse FMLA leave if the worker does not fulfill the qualifying standards (such as working fewer than 12 months or not accumulating enough hours). Employers are required to inform workers of their qualifying status and, if relevant, the reasons behind any denials.

What Is the Maximum Pay for FMLA in California?

By itself, FMLA leave is not compensated. However, employees may earn up to 70% or 60% of their weekly pay under California’s Paid Family Leave (PFL) program, depending on their income. This benefit can be used for bonding or family care if certain conditions are met. Other paid benefits may be available for those who qualify.

Contact The Law Office of Frank S. Clowney III

If you are seeking FMLA and are in need of assistance, The Law Office of Frank S. Clowney III can help. Contact us today to get started.