Family Care and Medical Leave

Family Care and medical leave, also known as FMLA, allows employees to take time off from work to care for their serious health condition, a family member’s illness, or to bond with a new child. These laws protect workers from losing their job or benefits when they take this leave, provided they meet eligibility requirements.

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  • Common Reasons for Family Care and Medical Leave
    • Serious health condition of the employee (physical or mental illness, injury, or condition)
    • Caring for a family member with a serious health condition (spouse, child, parent, or registered domestic partner)
    • Bonding with a newborn, adopted, or foster child within the first 12 months
    • Quafying exigency related to a family member’s military service
    • Caring for a covered service member with a serious injury or illness

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  • Top FMLA Laws to Know

    California Family Rights Act (CFRA) (CA Government Code § 12945.2)

    • Provides up to 12 weeks of unpaid, job-protected leave in a 12-month period for eligible employees
    • Applies to employers with five or more employees (effective January 1, 2023)
    • Covers leave for the employee’s own serious health condition, family member care, or bonding with a new child
    • Covers a broader list of family members than FMLA, including grandparents, grandchildren, and siblings
    •  Requires continuation of group health insurance coverage during leave
    • Learn more at the Family Care and Medical Leave: Quick Reference Guide

    Federal Family and Medical Leave Act (FMLA) (29 USC Ch. 28: Family and Medical Leave)

    • Provides up to 12 weeks of unpaid, job-protected leave in a 12-month period
    • Applies to employers with 50 or more employees within 75 miles 
    • Covers the same types of leave as CFRA, including military family leave provisions
    • Requires continuation of group health insurance coverage during leave
    •  Learn more at the U.S. Department of Labor FMLA

    California Paid Family Leave (PFL) (CA Unemployment Insurance Code § 3300–3308)

    • Offers partial wage replacement (up to 8 weeks) for employees taking leave to care for a seriously ill family member or bond with a new child
    • Available to workers who pay into State Disability Insurance (SDI)
    • Does not provide job protection, but can be used concurrently with CFRA or FMLA leave
    • Includes benefits for parents of newly born, adopted, or fostered children and for the caregiving of seriously ill relatives
    • Learn more at the California Employment Development Department Paid Family Leave

    California Pregnancy Disability Leave (PDL) (CA Government Code § 12945)

    • Up to 4 months of protected leave for pregnancy, childbirth, or related medical conditions
    • Can be used in addition to CFRA or FMLA
    • Applies to employers with five or more employees

    California Paid Sick Leave (CA Labor Code § 246)

    Eligibility and Notice Requirements

    • Employees generally must have worked for the employer for at least 12 months and 1,250 hours in the past year to qualify for CFRA and FMLA
    • Employees must provide at least 30 days’ notice when leave is foreseeable, or notify as soon as possible in emergencies
    • Employers may require medical certification from a health provider to support leave requests
    • Employees are not required to disclose detailed medical diagnoses, only enough to establish that a serious health condition exists
    • CFRA and FMLA leave may be taken intermittently or on a reduced work schedule if medically necessary

Workers: Your Rights

  • You have the right to take protected family or medical leave without fear of losing your job or health benefits
  • You may be eligible for partial wage replacement under California Paid Family Leave
  • You must notify your employer as early as possible about your leave needs
  • Keep copies of all medical documents, notices, and communications related to your leave
  • If your employer denies you leave, delays processing, or terminates your health coverage unlawfully, these may be violations of the law
    You can file complaints if your rights are violated.

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  • File a FMLA Complaint

    You are able to file a complaint at the following agencies:

    California Labor Commissioner’s Office handles job protected leave for employees in the state.

    California Civil Rights Department handles complaints related to pregnancy or childbirth-related accommodations and protected leave

    U.S. Department of Labor Wage and Hour Division

Employers: Responsibilities, Best Practices, and Resources

  • Employers must provide eligible employees with up to 12 weeks of unpaid, job-protected leave, maintain health benefits during leave, and reinstate employees to the same or equivalent position, while ensuring no interference or retaliation.
  • Employers should clearly communicate leave options, document policies in handbooks, track leave consistently, and train managers to handle requests respectfully and fairly.

 

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  • Required by Law
    • Provide eligible employees with information about their family and medical leave rights
    • Post required notices about CFRA, FMLA, and PFL in employee common areas
    • Grant job-protected leave to qualified employees and maintain group health benefits during leave
    • Provide timely responses to leave requests and keep records of leave taken for 3 years
  • Best Practices
    • Develop clear written policies explaining leave eligibility, procedures, and documentation requirements
    • Train HR and supervisors on leave laws and how to handle leave requests fairly and confidentially
    • Communicate regularly with employees on leave status, return-to-work plans, and accommodation needs
    • Coordinate with disability or workers’ compensation programs when applicable
    • Use online resources and tools to track leave and maintain compliance
  • Employer Resources
    • OLSE has created required posters for you to use: Required Posters
    • The Civil Rights Department also has required posters available for you to use: Required Posters

Disclaimer: This guide is for educational purposes only and is not legal advice. Laws may not apply to all employment situations or jurisdictions. For guidance on your specific case, consult an attorney, labor rights organization, or government agency..