California Employee Rights Memo Under the Family and Medical Leave Act

State:
Multi-State
Control #:
US-AHI-199
Format:
Word
Instant download

Description

This AHI form is a memo regarding employee's rights under the Family and Medical Leave Act (FMLA).
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FAQ

DI provides up to 52 weeks of paid benefits when you are unable to work and have a wage loss due to your own non-work-related illness, injury, pregnancy, or childbirth.

Under both federal and state law, employers are prohibited from terminating employees simply because the employee is on medical leave.

Your job may be protected under other employee leave laws, such as the FMLA or the CFRA. DI provides up to 52 weeks of paid benefits when you are unable to work and have a wage loss due to your own non-work-related illness, injury, pregnancy, or childbirth.

In the State of California, as of January 1, 2021, employers with 5 or more employees must provide eligible employees with unpaid job-protected leave of up to 12 weeks in a 12-month period for certain reasons.

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.

To qualify for FMLA leave, you have to work for your employer for at least 12 months. So, you can't get FMLA if you just started your job. Additional requirements include: You have to have worked at least 1,250 hours in the past 12 months.

In addition to working for a covered employer, an employee must meet two eligibility requirements to take CFRA job-protected leave: The employee must have 12 months of service with the employer. The 12 months of service do not have to be consecutive, and, unlike under the FMLA, there is no seven-year look-back limit.

Yes. It is generally permissible for employers to require a doctor's note or release to return to work following a work-related injury or illness.

Employers may have denied leave to employees based on eligibility requirements, but the state of California is one of the few states that require small employers to provide disability leave.

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California Employee Rights Memo Under the Family and Medical Leave Act