Family and Medical Leave

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide for overlapping as well as separate leaves. FMLA/CFRA leaves, their interaction with other types of leaves of absences and their administration can be confusing and time-consuming.​​​​

  • Family and Medical Leave Overview

    Family and Medical Leave OverviewThis section explains employer obligations to employees eligible for family and medical leave under state and federal law.  More »

  • Family and Medical Leave Eligibility Requirements

    Family and Medical Leave Eligibility RequirementsFamily leave laws cover private employers with 50 or more employees on the payroll during each of any 20 or more calendar weeks in the current calendar year or the preceding calendar year.  More »

  • FMLA and CFRA Qualifying Reasons

    FMLA and CFRA Qualifying ReasonsFederal family leave law (FMLA) provides eligible employees with the equivalent of up to 12 weeks per 12-month period.  More »

  • Definitions of Terms Used in Family and Medical Leave

    Definitions of Terms Used in Family and Medical LeaveAn employee can take family leave under five circumstances.  More »

  • Calculating 12 Weeks for Leave

    Calculating 12 Weeks for Leave"Twelve weeks" means the equivalent of 12 normally scheduled workweeks.  More »

  • Serious Health Condition Defined

    Serious Health Condition DefinedAn employee may use FMLA/CFRA leave for his/her own serious health condition. He/she may also use family medical leave to care for a child, parent or spouse who has a serious health condition.  More »

  • Certification for Family Medical Leave

    Certification for Family Medical LeaveYou can require medical certification for an employee taking family leave for his/her own serious illness or to care for a family member, except for baby-bonding time.  More »

  • Notice Requirements for Employer and Employee

    Notice Requirements for Employer and EmployeeState and federal laws require employers to post specific notices for employees explaining their family leave rights. Employers may require employees to provide advance notice before family leave begins.   More »

  • Family Leave Designation

    Family Leave DesignationIf an employee requests to use paid leave for a FMLA/CFRA qualifying purpose but does not explain the reason for the leave and you deny the leave, the employee must provide sufficient information to establish a FMLA/CFRA qualifying reason.   More »

  • Duration and Timing of Medical Leave

    Duration and Timing of Medical LeaveAn employee can take up to 12 workweeks of family leave in a 12-month period. He/she can take all 12 weeks at once, or take leave in shorter increments of hours, days or weeks.  More »

  • Pay and Benefits During Medical Leave

    Pay and Benefits During Medical LeaveFamily leave is generally unpaid, though employees have certain rights to substitute accrued paid sick or vacation leave for the otherwise unpaid time.  More »

  • Leave Interactions

    Leave InteractionsControlling family medical leave begins with recognizing a qualifying event, either because the employee tells you about the event or you learn about it some other way.  More »

  • Return to Work After Medical Leave

    Return to Work After Medical LeaveYou have certain obligations when an employee returns to work after taking family leave. When you grant an employee’s family leave request, you must guarantee to reinstate the employee to the same or comparable position.  More »

  • Penalties for Violating Family Medical Leave Laws

    Penalties for Violating Family Medical Leave LawsViolating family leave laws subjects employers to a civil lawsuit or administrative proceeding, and supervisors may be personally liable.  More »