FMLA, or the Family Medical Leave Act, was created with the intention of balancing the needs of California employers with the needs of their employees when the employees had to take extended medical leaves for serious medical conditions or to care for family members. FMLA applies to any employer in the private sector who engages in commerce or in an industry or activity affecting commerce, and who has 50 or more employees each working day during at least 20 calendar weeks in the current or preceding year. While many employees assume FMLA leave is paid time-off, the law does not require it. However, whether an employee receives paid FMLA leave should be clearly explained in the employee’s work agreement.
An employee is eligible for FMLA leave if he or she: