Medical Leaves of Absence 

When we, or a family member, get sick or hurt it can be an extremely stressful time.    These situations are often made worse when we are afraid that we might lose our job by taking off time to recover or care for a sick family member. 

In California, some types of medical leave are protected under the federal Family and Medical Leave Act (FMLA) and/or the analogous California Family Rights Act (CFRA).

The first thing to know is “am I eligible?”

The FMLA/CFRA does not protect all workers.  These leave provisions only apply to those employees who meet the following: (1) have worked at least one year for their employer; (2) have worked at least 1,250 hours in the past year; and (3) whose employer has at least 50 employees working within 75 miles of the employee’s worksite.

According to U.S. Department of Labor, approximately 53% of the US workforce, are eligible for FMLA protection (the other 47% have to rely on their employer’s leave policies). Employees who work for an employer who does not meet the three guidelines above may still qualify for medical leave.  Contact Gienapp Law, APC (619) 234-3054 for a free consultation concerning your medical leave rights. 

How much medical leave is allowed under FMLA/CFRA?

Under FMLA/CFRA, employees are entitled to take a maximum of 12 weeks of unpaid medical leave to care for a newborn, newly adopted child, seriously ill family member or for their own serious illness (under FMLA this includes incapacity due to pregnancy, childbirth or related medical conditions). You may be entitled to an extension of leave past the 12 week maximum if you have a mental or physical disability that requires a leave extension as an accommodation of that disability.

What if I’m pregnant?

If you are unable to work due to pregnancy, childbirth, or related medical conditions, you generally qualify for 4 months of leave under the California Pregnancy Disability Leave Law (PDLL) – (see my other Blog post on Pregnancy Leave)  A pregnant employee is eligible for PDLL as long as the employer has at least five employees. After the initial 4 months, eligible employees can then take an additional 12 weeks of CFRA leave “for reason of the birth of her child, if the child has been born by this date.”

Procedure for seeking medical leave

Virtually all employees who are required to offer their employees FMLA/CFRA leave have forms for an employee and/or the employee’s medical provider to fill out.   It is important to follow the procedures your employer has for taking medical leave, including submitting the required information from a doctor or medical provider.   In some circumstances, an employer may even ask an employee to go to a doctor or medical provider of their choosing for a second opinion. 

Illegal Activity

It is illegal for an employer to treat you differently or punish you for asking about or taking medical leave. Under most circumstances, you also have a right to be reinstated to the same or a comparable position upon return from your medical leave. 

If you believe your employer has interfered with or retaliated against you for using medical leave, or you have questions or concerns about getting full access to your medical leave, contact Gienapp Law,APC (619) 234-3054 for a free consultation.