Many individuals have to take time off work due to an illness or medical condition. Employees are entitled to medical leave under the Family and Medical Leave Act (FMLA). In California, employees are also entitled to leave for a serious health condition under the California Family Rights Act (CFRA). Due to the current economy and uncertain job security, many workers question if they will have a job when they come back from leave, or if they should risk taking medical leave at all. Some employees worry that they will be fired while on medical leave.
A nurse formerly employed by Kaiser Permanente Medical Group is suing the California system for discrimination and retaliation for taking protected medical leave. Kirandeep Kaur had taken approved time off to help her mother recover from hip replacement surgery -leave that is protected under both the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).
The Family Medical Leave Act (FMLA) allows a worker to take unpaid job-protected leave for up to 12 weeks to care for him or herself or a family member, including an adult son or daughter. The U.S. Department of Labor's Wage and Hour Division clarified earlier this year who qualifies as an adult son or daughter for purposes of taking FMLA medical leave. It may seem fairly intuitive, but here's what the federal agency had to say.
The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) allow employees to take job-protected leave for an extended time period after certain events such as child birth or adoption, to care for a family member who is sick or to care for your own physical well-being, among others. Often taken as a lump of time, as with maternity leave, FMLA leave can also be taken intermittently.
The U.S. Department of Labor, concerned that too few employees throughout the United States were aware of the protections offered by the Family and Medical Leave Act (FMLA), recently released a guide intended for workers to help explain the benefits of the federal law. The guide works through a typical FMLA leave process - from determining eligibility for FMLA job-protected leave to returning to work after taking leave.