California FMLA Laws

I hope that just about every worker is aware of the Family Medical Leave Act (FMLA). The FMLA is a federal law that allows workers to leave their jobs for a total of 12 weeks for certain medical situations, such as the birth or adoption of a child or to take care of an ailing family member. The FMLA Administrator Kit offers the appropriate forms that should be used when dealing with FMLA as well as a helpful question and answer guide.

In California, workers are entitled to leave work if they meet three basic conditions:

1. The employee must have worked for the same employer for more than 12 months.
2. During those 12 months, the employee must have worked at least 1,250 hours.
3. The employer must have at least 50 employees that live within a 75-mile radius from the particular employee that needs to take a leave.

I learned that if the employee meets all of these criteria, he or she can leave for a total of 12 weeks and still have a job upon returning. I also learned that the employer does not have to pay the employee’s salary during this time. Basically, the California FMLA ensures that if an employee or an employee’s family member becomes ill, the employee can take care of him or her without worrying about losing his or her job to do so. The California Complete Labor Law poster reflects these specific FMLA regulations for employees to view.

As I mentioned before, the causes that require an employee to take advantage of the FMLA are actually quite common. Basically, the reasons employees take advantage of the FMLA rights are: pregnancy, adoption, foster care (for both the mother and the father), and to take care of a family member or self.

A word about employer benefits and responsibilities: During the time when the worker is taking his or her leave, the employer does have to continue to pay for the health insurance if the worker participated in a group health plan prior to taking the leave. Of course, if the employee had been receiving retirement or pension plan benefits, that money will be put on hold during that time.