What is the Family Medical Leave Act?

Los Angeles Employment Lawyer Explains the FMLA Act

The Family Medical Leave Act (FMLA) is a federal law that enables employees to take time off from work due to their own serious medical condition or that of a close family member. In California, we have our own version of the FMLA Act. It is known as the California Family Rights Act. The California Family Rights Act affords employees all of the same considerations as the FMLA Act, in addition to providing workers in our state with a few extra benefits. In this video, Los Angeles employment attorney Douglas Silverstein discusses how FMLA and California Family Rights Act can help employees take time off or temporary disability due to severe injury without losing their job as a result. Our California employment law firm serves clients throughout Los Angeles and its surrounding communities.

Video Transcription

California has its own version of the Federal Family Medical Leave Act, it’s called the California Family Rights Act and it grants all of the considerations that the Family Medical Leave Act has as well as a few additional ones. It’s a very powerful tool that allows employees to take time off for their own serious medical condition, but more importantly, to take time off if any of their close family members need help. One thing to keep in mind is that the Family Medical Leave Act only applies to employees who have worked for their employer for at least a year, have worked more than 1,250 hours in that year, and the employer has at least 50 employees working for it at sites that are close to where the employee works, but keep in mind that if you don’t meet those criteria all is not lost. Disability law, if it’s the employees own serious medical condition may apply and allow the employee a reasonable accommodation which could be a form of a leave and that applies if the employer only has five employees. Typically, when an employee takes a leave of absence from an employer for family leave, for their own disability leave, those are unpaid leaves of absence, however there are resources available to the employee to help them get income replacement. The first is, that the employee can take vacation pay concurrently with their leave. That’s one way to get paid. Another way is California has a state disability insurance plan that employees and the employer pay into and that can also provide income replacement. If an employee is out for an extended period of time, short-term disability or long-term disability can help offset the loss of income from not working. For more information or to speak with an attorney call (310) 273-3180.