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Your rights under FMLA in California

On Behalf of | Sep 11, 2023 | Employment Law

If you are a working parent, then you have probably heard of FMLA. FMLA is the Family and Medical Leave Act, a law that gives employees the right to take unpaid leave for certain family and medical reasons. Understanding this law and your rights can help you make informed decisions about taking time off for family or medical issues.

You have the right to unpaid job-protected leave

The FMLA entitles eligible employees to a maximum of 12 weeks of unpaid leave during a 12-month period. You can take this leave for family or medical reasons, such as caring for a newborn or adopting a child, recovering from an illness or dealing with serious health issues in your family.

You may be able to take an unpaid parental leave

The FMLA includes a provision for unpaid parental leave. This applies to both mothers and fathers, and it allows them to take up to 12 weeks of unpaid leave following the birth or adoption of a child. You will be allowed to take off work to bond with your new child during this time.

Your employer must provide you with a written notice

Under the FMLA employment law, employers are required to give employees written notice of their rights. This notice should include information on how to request leave and any restrictions or qualifications that may apply to the leave period.

You may be eligible for job reinstatement or other benefits

If you take an FMLA leave, your employer must allow you to return to the same job or a similar position. In addition, employees on FMLA leave may also be eligible for certain other benefits, such as continuing their health insurance coverage at the same level and premium rate as before the leave.

If you believe that your employer has illegally denied your right to take an FMLA leave, then you may be able to file a lawsuit against them. The law provides certain protections for employees who have been wrongfully denied their rights under the act and can help ensure they receive the compensation they deserve.