How Can I Request Leave Under FMLA in California?

If you work at a business or company that has 50 or more employees, you may request a leave of absence under the Family and Medical Leave Act, or FMLA. This is a federal law that applies to every eligible employee in the country, but certain states like California have their own version of the FMLA. California’s is called the California Family Rights Act (CFRA), and it contains some overlapping and contradictory employee rights that might confuse someone who needs to take a leave from work. Here are some ways you are eligible for leave under the FMLA, and what makes the federal law different than the California-based law.

What Is Covered Under The FMLA?

If a worker is eligible for leave under the FMLA requirements, he or she can take up to 12 work weeks off of unpaid leave. You can take this leave if you need to take care of an ill spouse or family member, if you need to care for a newborn, or if you have your own medical problems. There are certain circumstances, however, where you could qualify for an intermittent FMLA paid leave or additional reduced work schedule, and your employer might deny your request.

How Is the FMLA Different Than The CFRA?

The good news is that a California worker can receive family medical leave from both the FMLA and CFRA, but the bad news is that he or she can’t receive leave from both. Depending on the employee’s job and health insurance, one of these options might be better than the other. Since every case is different, doing your research and knowing what your rights are under each law will be the two best solutions for you.

If you or someone you know has been denied their right to take leave with their specific medical circumstances, you are entitled to that time off. Contact the employment lawyers at Kesluk, Silverstein, Jacob & Morrison, P.C. to file your claim.

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