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Am I eligible for medical leave from my job?


The law protects employees who need to take time off for certain family and medical reasons. However, medical leave laws can be confusing. Many people who wish to take medical leave do not know if they qualify.

Employees in California may have protections under both the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Many of these rights are similar and run concurrently.

Let's take a look at some of the details of the Family Medical Leave Act.

FMLA Qualifications

Employees may be eligible for leave under FMLA if they meet the following qualifications:

  • The employee must have been employed by their current employer for at least 12 months
  • The employee must have worked 1,250 hours during the last 12 months
  • The employer must employ 50 or more employees within a 75-mile radius

What Reasons Can I Take FMLA?

Individuals can take up to 12 weeks of leave under FMLA for a variety of medical and family-related reasons:

  • The birth of a child
  • The adoption of a child
  • Caring for a foster child
  • Caring for an immediate family member (parent, spouse or child) who has a serious medical condition
  • Attending to a serious medical condition that prevents the employee from working

Regarding leave during pregnancy: If a woman takes FMLA during pregnancy due to complications, that time off may be counted against the 12 weeks granted under FMLA.

Can My Employer Penalize Me For Taking FMLA?

No. Your employer cannot fire you, demote you or otherwise retaliate against you for taking medical leave.

If your employer has taken actions against you, you should speak to an employment law attorney. You may have legal recourse and you may be eligible for compensation.

Free consultation: To schedule a no-cost consultation with an attorney from Bononi Law Group LLP, please call 866-295-7512.

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