Family and Medical Leave in California Lawyers

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Does It Matter That California Has Family And Medical Leave Laws?

A number of states, including California, grant their residents coverage which supplements the benefits provided in the federal Family and Medical Leave Act of 1993 (FMLA). Although the federal and state laws generally focus on the same issues, they do not necessarily function as a unit. For example, a term (such as serious health condition) used in both the FMLA and a state rule may have different meanings. If you have any questions regarding terminology, a lawyer should be able to clarify your concerns.

Is My Employer Covered By These Laws?

California has broadened the scope of which employers are covered by family and medical leave laws. Your employer is covered if it falls within the FMLA¿s employer guidelines or if it either:

Directly employs 50 or more employees; or
Functions as a political or civil subdivision of the state and cities, or is another state agency.

What Is California's Paid Family Leave Program?

Under this law, which was implemented in July 2004, an employee is eligible to receive 55 percent of her wages during her absence, up to a maximum of $728.00 per week. The program allows workers to take up to six weeks off to care for a newborn, a newly adopted child, or an ill family member. Furthermore, all employers are covered by this legislation, not just those with 50 or more employees. However, a business with fewer than 50 employees is not required to hold your job if you go on paid family leave.

For How Long Can I Leave?

California¿s provision regarding employees¿ amount of leave time is similar to the federal law. California laws regulating leave time include the following information:

There is no requirement that spouses share leave;
Employers are required to provide a female employee affected by pregnancy, childbirth, or related medical condition the same benefits as provided employees on temporary disability (for a period of 6 weeks or less);
An employee also is entitled to take pregnancy leave for a reasonable period of time (as long as it does not exceed 4 months);
State Employees may receive up to 12-months leave for pregnancy, childbirth, or adoption, or care for newborn.

Who May Provide My Health Care?

As a resident of California, you may receive treatment or support from any of the health care providers included in the FMLA, as well as from a:

Medical physician;
Surgeon; or
Osteopathic physician certified by California or licensed in another jurisdiction.

How Should I Request My Leave?

California law states that if leave is foreseeable, the employee must inform her employer by providing reasonable notice. Other state rules relating to leave requests are comparable to the standards set in the FMLA.

Do I Need An Employment Lawyer?

A labor and employment lawyer can discuss with you the differences between federal and California laws pertaining to family and medical leave. If you feel that you have been mistreated by your employer, an attorney can also help you determine possible courses of action.

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