Sacramento Family & Medical Leave Act (FMLA) Attorneys

The Family and Medical Leave Act (FMLA) protects the rights of workers who need to take extended time off work to recover from a severe medical condition, care for a loved one who is seriously ill, or adjust to life after the birth of a child. Eligible employees may take up to twelve (12) weeks of unpaid job-protected leave per year for qualifying health and family reasons. Employers that are subject to the FMLA are not only required to grant the requested leave, but also are prohibited from terminating or otherwise retaliating against the employee for taking the leave.

Understanding FMLA Eligibility in Sacramento

Whether an employee is eligible for FMLA leave in California depends on a variety of factors regarding their employment. The first thing to know is that an employer is only required to comply with FMLA leave requirements if they have 50 or more employees for at least 20 weeks during the current or previous year. If the business employs fewer than 50 people, they are not obligated to grant FMLA leave to their employees who request it.

For those who work for the right type of employer, as described above, they must meet three requirements to be eligible for FMLA leave. First, they must have worked for the business for a minimum of one year. Second, they worked a minimum of 1,250 hours during the previous year. Third, they work at a location that has at least 50 employees within a 75-mile radius.

Employees must also have a valid reason for requesting FMLA leave. Time off is available when an employee needs to:

• Recover from a severe health condition
• Bond with a newborn, adopted, or foster child
• Care for a spouse, child, or parent who has a serious medical condition
• Provide care for a family member who was injured in active military duty

The New Parent Leave Act was recently created to extend parental leave rights to those who are employed at a business with 20 to 49 employees within a 75-mile radius, who need time to bond with a new child.

Key Details on FMLA Leave Duration

There are limitations placed on how much time an employee who is eligible for FMLA leave can take off. In California, the limit is twelve (12) weeks of leave during a 12-month period. As long as the employee continues to meet the eligibility requirements, this period renews every 12 months. Employees who need to be a military caregiver can leave for up to 26 weeks in one 12-month period. This type of leave is non-renewable. Such leave is only possible again if the family member incurs a new injury, or another family member is injured in active duty.