The circumstances involved in workers’ lives affect whether they are able to report for work or not. When workers are sick, have to take care of a sick family member, or have a new baby, they often take time off to attend to these important matters. It might be difficult to reconcile professional and personal needs when huge things happen in your life. The Family Medical Leave Act (FMLA) gives workers the opportunity to take a leave for significant life events.
According to the United States Department of Labor, denial of leave is the most common FMLA violation. Other violations include discrimination and failure to maintain health benefits.
You have some rights that preserve your job if you live and work in California and require time off for health or family reasons. You might be able to take 12 weeks off work without pay and still have your job protected under FMLA.
Knowing your rights under the Family Medical Leave Act in California helps lessen your worries when you’re facing personal health matters or you need to care for a sick family member.
This article will serve as a guide so you know your rights under the Family Medical Leave Act in California.
Understanding FMLA
The FMLA lets qualified workers take up to 12 weeks of unpaid leave a year to take care of health issues without worrying about their jobs.
Situations covered include having a serious health problem of your own, a family member having a serious health problem, or having problems during childbirth.
FMLA guarantees that you have a job to return to during the period of your leave. The job you will go back to after your leave is over should be the same or a substantially equivalent position. All of your existing health benefits still apply during any leave period so you don’t have to worry and can fully focus on your recovery or caregiving.
Eligibility Requirements for FMLA
To be protected by the FMLA, you must meet several requirements.
The person must have worked for the employer at least 12 months. You must have worked at least 1,250 hours during those periods of employment. The company you are working for should have at least 50 employees within a 75-mile radius.
The reasons for taking leave, also, must be valid. Some qualified reasons include serious health complications, taking care of immediate family members with their health condition, the birth of a child, or the adoption of a child.
If and once these requirements are met, the employee would be qualified to apply for FMLA leave and enjoy its benefits.
Employee Rights During FMLA Leave
If you have been successfully granted FMLA, you can legally go back to your job or another job that is similar and pays the same and gives you the same benefits.
Under the provisions of the act, a company can’t treat an employee badly or get back at them for exercising their rights. The company must pay for the same health insurance plan as when the employee was on leave.
At the end of the leave period, you should be placed in the very same job previously held before the leave, or one similar to it, with regard to pay and benefits. Normally, health insurance coverage continues during the leave and can help prevent workers from losing their benefits.
The Application Process for FMLA
The application for FMLA is straightforward. Let’s look at what you should do to take your leave.
You need to check if you meet all of the requirements for FMLA.
You should let your boss know as soon as you realize you need to take time off. It’s best to let people know about your break about 30 days before it starts.
Fill out the forms that are asked for, which usually include a physical certificate from your doctor. Send the paperwork right away to the human resources staff. For your records, keep copies of important documents with you.
Follow up on your request if you want to check the progress of your application.
Differences Between FMLA and California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA) give workers the right to take time off for medical or family reasons. These two legislations have some important differences that workers should know about.
A company with 50 or more employees is covered by FMLA. A company with only 5 employees is covered by CFRA. You can take up to 12 weeks off under both rules, but CFRA lets more family members, like brothers and grandparents, take time off.
The FMLA only covers serious health conditions, while CFRA covers diseases that are connected to pregnancy and giving birth. There is no rule in CFRA that says you have to use up all of your paid leave before you can take your 12 weeks.
FMLA and CFRA offer workers peace of mind by eliminating the worry of losing their job or perks as long as they are eligible for leave and know what kinds of leave are covered.
You can always go back to your job without any problems under these two laws. Don’t hesitate to ask for more assistance if you find the application process to be challenging.
