Who's Eligible for FMLA in California? A Casual Guide
Let's Talk About Leave
So, you're in California, and you're thinking about taking some time off work. Maybe you're sick, or maybe you need to care for a family member. Or maybe you just really, really need a vacation. Whatever the reason, you might be wondering if you're eligible for FMLA.
What is FMLA, Anyway?
FMLA stands for Family and Medical Leave Act. It's a federal law that allows eligible employees to take unpaid, job-protected leave under certain circumstances. And guess what? California has its own version, called the California Family Rights Act (CFRA). So, you're basically covered twice.
Who's Eligible?
Okay, let's get to the good stuff. To be eligible for FMLA or CFRA in California, you need to meet a few requirements:
- Work for a Covered Employer: Your employer must have 50 or more employees within a 75-mile radius.
- Work for at Least 12 Months: You need to have worked for your employer for at least a year.
- Work at Least 1,250 Hours: This means you need to have worked a total of 1,250 hours in the 12 months before you take your leave.
What Kind of Leave Can I Take?
You can take FMLA or CFRA leave for the following reasons:
- Your Own Serious Health Condition: This includes things like a heart attack, cancer, or a serious illness.
- To Care for a Family Member with a Serious Health Condition: This could be your spouse, child, parent, or sibling.
- To Bond with a New Child: This includes birth, adoption, or foster placement.
A Few Things to Keep in Mind
- Unpaid Leave: Remember, FMLA and CFRA are unpaid leave. So, while you'll be able to keep your job, you won't be getting a paycheck.
- Job Protection: Your employer is required to hold your job for you while you're on leave. However, they can still make changes to your position if they would have done so anyway.
- Intermittent Leave: You may be able to take intermittent leave, which means taking leave in short bursts instead of all at once.
FAQ
How to Calculate My FMLA Eligibility Hours?
To calculate your FMLA eligibility hours, add up all the hours you've worked in the past 12 months, including overtime.
How to Request FMLA Leave?
You should notify your employer in writing of your intent to take FMLA leave as soon as possible. Your employer may request additional information to verify your eligibility.
How to Ensure Job Protection While on FMLA Leave?
Make sure to keep in touch with your employer while you're on leave. This will help to ensure that your job is protected.
How to Handle FMLA Leave While on Other Leaves?
If you're already on another type of leave, such as disability leave, you may be able to combine your FMLA leave with that leave. Check with your employer or HR department for specific guidance.
How to Prepare for Returning to Work After FMLA Leave?
Before returning to work, it's a good idea to talk to your employer about any changes that may have occurred in your position or workplace. You may also want to discuss any accommodations you may need to help you transition back to work.