Thanks to the Family and Medical Leave Act, or FMLA, Californians have the right to get unpaid, job-protected leave from work for a number of important reasons. These rights protect us all, ensuring we never have to choose between caring for ourselves or a loved one and keeping our jobs.
With that said, many are still unclear on the conditions that qualify for FMLA, leading to some workers giving up their rights without even realizing it. In this guide, we’ll go over the conditions and scenarios covered by FMLA, cover documentation requirements, and help you understand how to protect your leave rights.
What Is a Serious Health Condition?
One of the most common reasons to take leave through FMLA is a serious health condition. Under FMLA, serious health conditions are illnesses, injuries, or physical or mental conditions that require either inpatient care or continuing treatment from a healthcare provider. To qualify for FMLA leave for the reason of a serious health condition, the condition must fall under one of the following categories:
- Inpatient care: An overnight (or longer) stay in a hospice, hospital, or residential medical care facility.
- Incapacity plus continuing treatment: A period of incapacity that lasts three or more working days and also involves two or more treatments by a healthcare provider.
- Pregnancy/prenatal care: Any period of incapacity due to prenatal care or pregnancy.
- Chronic serious health conditions: Conditions requiring ongoing, periodic treatment by a healthcare provider over an extended period, such as asthma, diabetes, or epilepsy.
- Permanent or long-term incapacity: Conditions causing permanent or long-term incapacity, especially if treatment options are limited (e.g., Alzheimer’s, stroke, terminal illness)
- Multiple treatments (restorative surgery): A period of absence to receive multiple treatments from a healthcare provider through restorative surgery after an injury or accident, or for a condition that would likely lead to more than three days of incapacity if left untreated.
Employee Medical Conditions Covered
In order to qualify for FMLA due to a medical condition, the condition must render you incapable of performing job duties or require treatment that leaves you unable to work. This can cover a range of conditions and treatments, including:
- Severe migraines
- Epilepsy
- Asthma
- Diabetes
- Alzheimer’s
- Severe stroke
- Terminal stages of a disease
- Incapacity due to pregnancy or prenatal care
- Chemotherapy
- Radiation
- Dialysis
- Major depression
- Severe anxiety
- Trauma
With that said, not all conditions qualify you for medical leave in California. Commonly excluded conditions include:
- The common cold
- Flu
- Earaches
- Headaches
- Stomach problems
- Small ulcers
- Routine dental issues
- Routine optical issues
These are not qualifying conditions for leave because they’re not considered ‘serious health problems’ by the FMLA, which means you won’t be able to take job-protected leave to recover or seek treatment for them.
Family Member Care Coverage
Another part of FMLA is Family Care Medical Leave, which gives workers the right to unpaid, job-protected leave for the serious health condition of a close family member. The eligible medical conditions are the same for family members as for employees, but not all relatives are eligible. Family leave protection applies to the following members of your family:
- A child of any age (including biological, adopted, foster, or step children, or a legal ward, or the child of your domestic partner)
- Spouse
- Domestic partner
- Parent (including biological, foster, or adoptive parents, parents-in-law, stepparents, or legal guardians)
- Grandparent
- Grandchild
- Sibling
- Someone else with a blood or family-like relationship to you
Documentation Requirements
In order to take advantage of your employee leave rights through FMLA, you’ll be required to provide a few key pieces of documentation.
Certification of Qualifying Condition
The certification of a qualifying condition is a key piece of documentation that you’ll need in order to qualify for leave through FMLA. This is essentially the ‘doctor’s note’ that proves you or a family member has a qualifying condition. This document, sent by your healthcare provider, must contain basic information on the nature of the condition, the need for leave, and the expected duration of leave required. Your employer has the right to contact the healthcare provider for clarification and authentication of this document.
Recertification
Under certain circumstances, employers have the right to request recertification of a qualifying condition at certain intervals. Recertifications usually must occur no less than 30 days apart, though this timeline can be shorter in circumstances that warrant more frequent recertification or when you request an extension of your leave.
Fitness-for-duty Certification
Once you return from FMLA leave, your employer may require you to provide a fitness-for-duty certification. This document is provided by your healthcare provider and states that you are fit to return to work.
Employee Notice
When taking FMLA leave, you’re, of course, required to notify your employer. For foreseeable leave (such as for a planned surgery or the birth of a child), this must be provided with at least 30 days’ notice. For unforeseeable leave, notice must be given as soon as is practical, usually within 1 to 2 days of learning about the emergency.
Protecting Your Leave Rights
Laws like the Family and Medical Leave Act were designed to protect the rights of workers who are dealing with serious health conditions, sick or injured family members, or the birth of a child. But despite these protections being in place, countless employees are unknowingly prevented from taking full advantage of their rights to job-protected leave. Educating yourself on the realities of your leave rights as a California worker is a crucial first step, but it may not be enough to fully assert your rights.
If you’re looking for airtight legal support in receiving the leave you’re entitled to, the Law Offices of Jacob Emrani are here to help. We work with employees across California on cases like these, helping our clients understand and advocate for their rights in the workplace. For more information on FMLA leave, qualifying conditions and situations, required documentation, or anything else regarding family and medical leave, don’t hesitate to reach out to our team today.