Paid Family Leave and FMLA
If an employee’s place of work does not offer extended leave, the employee may have other options for taking time off. For example, they may be entitled to take leave under the federal Family and Medical Leave Act (FMLA) or California’s Paid Family Leave program.
The FMLA provides certain employees with the right to take up to 12 weeks of unpaid, job-protected leave per year for certain qualifying events, such as the birth or adoption of a child, a serious health condition, or the care of a family member with a serious health condition. To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months and for at least 1,250 hours in the 12 months prior to the start of the leave.
California’s Paid Family Leave program provides eligible employees with up to six weeks of partial wage replacement benefits per year to bond with a new child or to care for a seriously ill family member. To be eligible for Paid Family Leave, an employee must have worked for their employer for at least one year and for at least 1,250 hours in the 12 months prior to the start of the leave.
It’s important to note that under the FMLA and Paid Family Leave programs, employees may not receive their full salary while on leave. However, employees may be able to use other sources of income, such as sick leave or vacation time, to help cover their expenses while on leave.
If an employee is considering taking extended leave and is not sure what options are available to them, they may wish to speak with their employer or seek the advice of an attorney or other legal professional. An attorney can help the employee understand their rights and options and provide guidance on the appropriate steps to take. Contact Matern Law Group today for a free consultation.