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Family and Medical Leave Archives

California builds on FMLA with paid family leave provisions

In California, paid family leave is more than just a fringe benefit -- it is the law. Employees who have been denied their legal rights through the Family Medical Leave Act may have recourse against their non-compliant employers. Although that is important to note, it is also critical to remember that California has state-specific laws that provide different protections than those offered at the federal level. California has taken extra steps to protect workers whose employers may not be required to observe the provisions found in the FMLA.

California leave laws include paid time off

California is one of just three states with paid family leave laws and only one of nine with clear leave laws complementing the federal Family and Medical Leave Act. The FMLA and California Family Rights Act permit qualified workers to take 12 weeks off, without pay, to be with a new child or attend to serious personal health issues or illnesses of immediate family members.

Can an Employee Be Fired While on Medical Leave in California?

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.

Return dates can affect family and medical leave

Employees need to take family and medical leave for a variety of reasons. A father may need time to bond with a newborn baby daughter, or a mother may need time to take care of a sick son. Everyone who feels that they may need to take leave for some reason should become familiar with the laws and rules that govern the taking of leave. That way, they can make sure that they don't make mistakes that can jeopardize their time off.

Kaiser Sued For Violating FMLA Leave Protections

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).

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