California FMLA Leave Periodic Status Report
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FAQ
A. Qualifying exigency leave, like leave for a serious health condition, is a FMLA-qualifying reason for which an eligible employee may use his or her entitlement for up to 12 workweeks of FMLA leave each year.
What are FMLA California Employer Requirements?They have worked for the company for at least a year.They have worked at least 1,250 hours in the last year.They work in a location with 50 or more employees within a 75 mile radius.
Qualifying exigencies generally include: short notice deployment; military events and related activities; childcare and school activity arrangements; financial and legal arrangements; counseling; to spend time with a covered military member on short-term leave for rest and recuperation; to attend post-deployment
Qualifying exigencies arise when the spouse, son, daughter, or parent of an employee is on covered active duty in the Armed Forces, or has been notified of an impending call or order to covered active duty.
How Much FMLA Leave Is Available? Employees in California may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave renews every 12 months, as long as the employee continues to meet the eligibility requirements explained above.
The leave offered by the FMLA (or, for that matter, California's Fair Employment and Housing Act) does not have to be taken all at once. Intermittent FMLA is when an employee uses their 12 weeks of unpaid leave off and on. This is in contrast to continuous family medical leave or working a reduced work schedule.
You may be able to get paid while on FMLA leave by substituting your accrued paid time off for all or a portion of your unpaid leave.
Intermittent leave can be tracked by recording the employee's work schedule and subtracting from it the number of hours they took for FMLA leave. If the employee was scheduled to work 7 hours and only worked 3 hours, then 4 hours of FMLA leave can be counted. Employers must track this information.
Certain childcare and related activities arising from the military member's covered active duty, including arranging for alternative childcare, providing childcare on a non- routine, urgent, immediate need basis, enrolling in or transferring a child to a new school or day care facility.
Military member's active duty or call to active duty status is known as qualifying exigency leave.
