Does FMLA Leave Apply to A Certain Business?

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:

FMLA and Employee Leave

Is your Orange County employer complying with the various federal and state laws that govern the amount of time off certain employees must be allowed? For example, the Family Medical Leave Act (FMLA) is one such set of guidelines and can be tricky to navigate, especially when it appears that an employee does not actually qualify for the time off he or she is requesting. FMLA requires covered employers to provide employees job-protected and unpaid leave for qualified medical and family reasons. Qualified medical and family reasons include: personal or family illness, family military leave, pregnancy, adoption, or the foster care placement of a child.

But what happens when an employer doesn’t believe an employee qualifies for FMLA leave? Can it risk a lawsuit for saying no?

CA & Federal Laws Relating to Employee Medical Leave

Various state and federal laws ensure an employee’s right to fair treatment and pay. One quickly evolving area of California employment law relates to medical and family leave. Employees should be aware of medical and family leave laws and the extent to which they apply to a given employment situation.

FMLA and your rights as an employee

Federal law, under the Family and Medical Leave Act (FMLA) requires employers with fifty or more employees to provide certain employees with flexible leave options. This leave includes allowing up to twelve weeks of unpaid leave per year to recuperate from a serious health condition, to take care of a family member with a serious health condition, to care for a new child, or to handle certain situations arising from a family member’s military service.