Family and Medical Leave Act (FMLA)

Federal law, called the Family Medical Leave Act (FMLA), and California law, called the California Family Rights Act (CFRA) provide for medical leaves of 12 weeks a year for a variety of reasons. These include taking time off for an employee’s own serious health condition, the birth of a child, and/or to care for a spouse, child, or parent with a serious health condition.

To qualify for leave under both the FMLA and CFRA, the employer must have 50 or more employees, the employee has to have worked for the employer for 1 year and have logged 1,250 hours within the previous 12 months. The 50 employee requirement extends out to employees within 75 miles of the worksite.

Both the FMLA and CFRA provide job protection to employees who utilize these leaves of absences. For example, at the conclusion of the leave, the employee must be reinstated to the same or equivalent job. The employer also must maintain the employees’ health benefits while they are out on the leave.

Leaves under the FMLA and CFRA can run consecutively (i.e. an employee can take up to 12 weeks off in a row) or they can be intermittent leaves. An intermittent leave could involve an employee who needs to take 1 day off a week for doctor appointments or a few days off a month due to back pain. Such intermittent leave can be used for up to 12 weeks over the course of the year.

Both the FMLA and CFRA have lots of requirements for both employers and employees. If you feel that you have been denied your right to leave or retaliated against for having taken leave, we may be able to help. Allow our attorneys to help you work through this awful situation today. Give the lawyers at Aarons Ward call to see if we can help to keep Justice On Your Side.