Family and Medical Leave Act (FMLA) Rights for Public Sector Employees

What is Protected Leave in California?

In addition to the FMLA, eligible employees enjoy benefits from the California Family Rights Act (CFRA). To be eligible for CFRA benefits, California workers must have more than 12 months of service with their current employer and have worked at least 1,250 hours over the previous year.

California employees may also have access to Paid Family Leave (PFL) and Disability Insurance (DI). These state-specific laws do not grant job protection but do provide wage replacement benefits.

What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) provides employees with 12 weeks of unpaid, protected leave each year. Additionally, the FMLA requires that group health benefits, like employment-based health insurance, be maintained during unpaid leave.

This federal law allows eligible employees to take 12 work weeks during any year to care for a family member in need, attend the birth or adoption of a child, or care for their own serious health conditions.

Your employer does not have to pay you for the time that you take off. However, you might qualify for compensation under another law.

Do You Qualify for the FMLA?

Not all California employers are required to offer FMLA or CFRA leave. Typically, only companies with 50+ employees who work within a 75-mile radius of each other are eligible for leave under the FMLA or CFRA. However, the law is different for public employees.

Public employees, including those in federal agencies, state organizations, county agencies, and city agencies, are all covered by FMLA benefits regardless of how many employees there are. Additionally, the CFRA covers all California public employees, regardless of how many employees work for the agency.

To be eligible to take leave under FMLA or CFRA, a public employee must have worked for their company for at least 12 continuous months (this can include the time you are away on unpaid leave) and have worked at least 1,250 actual hours before taking leave.

What Legal Rights Do Public Employees Enjoy Under the FMLA?

Public employees are protected by FMLA, and they can enjoy the benefits of taking unpaid but protected work leave for various life events and medical emergencies.

It is against the law for an employer to deny you the FMLA benefits you deserve or retaliate against you for taking your unpaid leave.

Both parents are eligible for up to 12 weeks of CFRA family leave for the birth, adoption, or foster care of a child. If, however, the parents share the same employer, they must share leave.

There must be a continuation of benefits during the unpaid protected leave. Medical coverage under a group health plan must continue during leave.

Are You Eligible for Paid Family Leave in California?

FMLA and CFRA entitle qualifying employees to 12 weeks of unpaid leave.

But what about paid leave?

State disability insurance programs cover most private sector employees and non-state public sector employees. Additionally, paid family leave is sometimes offered to workers. The paid family leave program is an extension of the state disability insurance program, broadening the concept of ‘disability’ to include ‘family disabilities.’ Both programs are funded entirely by California workers.

What Are Acceptable Reasons to Take Unpaid Leave?

Employers must provide eligible public employees with up to 12 weeks of unpaid sick leave every year for any of the following reasons:

• The birth, adoption, or foster care of a newborn child
• Placement of a child for adoption or foster care
• Care for an immediate family member (spouse, domestic partner, children under the age of 18, or parent) who is suffering from a serious health condition
• To take medical leave when the employee is unfit or unable to work because of serious health conditions

A serious health condition is defined by federal law as the employee or their immediate family member having an illness, impairment, injury, or physical or mental condition that requires inpatient care in a hospital or continuing treatment by a medical provider, hospice, or rehabilitation facility.

What Happens in Instances of FMLA Violations?

Public employees qualify for 12 weeks of unpaid leave every year for an acceptable reason. However, some employers blatantly violate FMLA regulations. Common FMLA violations include refusal to grant leave, retaliation against employees who take leave, interference with FMLA rights, forcing workers to work during FMLA leave, and failure to reinstate an employee after FMLA leave.

If you would like to file a formal complaint with HR, it is recommended that you first consult with an experienced attorney. Our legal team has years of experience representing public sector employees fighting for their legal rights, and we would be proud to assist you during this injustice.

Contact Our Law Firm to Schedule a Consultation with Experienced Attorneys Today

Stone Busailah, LLP is a full-service law firm dedicated to representing public sector employees in various legal matters, including employment law, administrative disputes, criminal defense, family law matters, and estate planning.

We would be proud to represent your interests as you pursue the leave time that you deserve and require.

To learn more about our legal services, don’t hesitate to get in touch with our Southern California law firm to schedule your initial consultation today. 626-415-0787.