The Family and Medical Leave Act (FMLA) is a federal labor law that entitles employees in all 50 states, including California, to a specific amount of unpaid, job-protected leave per year under certain circumstances. If you are unsure of how to apply for FMLA in California, it’s important to understand your eligibility, the documents you’ll need to provide, and more. This step-by-step guide from The Law Offices of Jacob Emrani will teach you how to apply and what to do if your application is denied or your rights are violated.
Understanding FMLA Eligibility
You must meet certain eligibility requirements to receive FMLA leave in California. Employees in our state are protected by both federal FMLA laws and state laws, such as the California Family Rights Act (CFRA). Here’s what you need to know about FMLA eligibility:
- Time employed: Employees must have worked for their employer for at least 12 months, but these months don’t need to be consecutive.
- Hours worked: You must have worked at least 1,250 hours during the 12 months directly preceding the start of your leave (paid leave, unpaid leave, and prior FMLA leave do not count toward total hours worked).
- Company size: The company you work for must have at least 50 employees within a 75-mile radius (or less) of your physical office or worksite.
- Employment timeframe: In most cases, only employment within the last seven years is counted under FMLA guidelines, unless the break in service is governed by a collective bargaining agreement or another written agreement or is due to the employee’s fulfillment of military obligations.
Reasons for Leave
Under FMLA, eligible employees can take up to 12 weeks of unpaid, job-protected leave per 12-month period if they meet the following qualifying reasons:
- You currently have a serious health condition.
- You need to care for a qualifying family member, like a spouse, child, or parent with a serious health condition.
- You are a new parent of a newborn, foster child, or adopted child within one year of placement.
- You experience a qualifying emergency that has arisen directly via a family member’s active military duty.
- You are caring for a covered military service member with a serious illness or injury (this allows up to 26 weeks of unpaid leave in a single 12-month period).
Documents You’ll Need
Before you apply, make sure you have all of the appropriate FMLA paperwork, which includes:
- Your employer’s official FMLA request form, the WH-381 Eligibility leave request, or a similar form from the U.S. Department of Labor.
- If your FMLA leave is for your own serious health condition or for a qualifying family member, you must provide a Certification of Health Care Provider Form signed by a licensed physician.
- Those taking leave for a military emergency need either official active-duty orders or the family member’s deployment documentation.
- If you request paid California family leave, you must provide a valid California ID card or driver’s license, your employer’s business name, phone number, and mailing address from your W-2 or pay stub, and a birth certificate, adoption, or foster care placement paperwork for baby bonding claims.
Step-by-Step Application Process
Follow this step-by-step application process when applying for FMLA leave:
- Step one: Verify that you and your employer meet the strict federal guidelines, including company size and location, tenure, and hours worked.
- Step two: Notify your employer or HR department as soon as you need time off, or give 30 days’ advance notice if the leave is planned for things like a scheduled surgery, childbirth, or medical treatment.
- Step three: Once your employer notifies you that you’re eligible for FMLA (within five business days of your request), you’ll receive a Rights and Responsibilities notice and a Medical Certification form to complete.
- Step four: Have you or your family member’s doctor complete and sign the medical certification form and the estimated duration of your leave, which you’re usually required to return to your employer within 15 calendar days.
- Step five: Your employer must notify you within five business days of receiving your signed medical certification form whether the leave is FMLA-protected.
- Step six: Once the leave is approved, you can take your unpaid, job-protected leave and maintain your health insurance, and your employer must restore you to your original job or an equivalent position with the same pay, benefits, and other employment terms when you return to work.
Common Reasons for Denial
Here are some of the most common reasons why employees are denied FMLA leave:
- You have not logged at least 1,250 hours in the 12 months immediately preceding the leave, and/or you have not been employed by your current company for at least 12 months.
- Your employer does not have at least 50 employees within a 75-mile radius of your work location.
- Your medical provider does not provide the required details of your reason for the leave, including the expected duration, frequency of treatment, or your specific diagnosis.
- You missed the 15-day deadline to return the requested certification form to your employer.
- Your condition does not meet the legal definition of a serious health condition, which typically involves more than three consecutive days of incapacity and ongoing medical treatment.
- You’ve already used your allotted leave time of 12 weeks within a single 12-month period.
- You did not provide 30 days’ advance notice for a foreseeable leave, such as a planned surgery.
What to Do If Your Rights Are Violated
If your FMLA leave request is denied, your employer is required to explain the reason for the rejection. Here are some things you can do if you believe that your employee leave rights were violated:
- Ask your employer to provide you with a clear, written explanation and the reasons for the denial.
- For denied leave due to missing or incomplete paperwork, gather all of the required documentation and resubmit your request as soon as possible.
- Check the official U.S. Department of Labor guidelines to verify whether or not you are eligible for FMLA leave and to understand your rights under the law.
- If you think that your employer has denied your request unlawfully or if you believe they misapplied the FMLA rules and guidelines, consult with an experienced labor attorney for further guidance.
Contact The Law Offices of Jacob Emrani Today
The FMLA protects employees nationwide, and the CFRA provides additional benefits for California residents. If you’ve applied for leave and believe that your rights were violated in any way, it’s important to consult an experienced attorney like the team at The Law Offices of Jacob Emrani as soon as possible. To learn more about this process or schedule your free consultation, contact us today.