FMLA Rights for Public 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?

Under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), qualifying employees are entitled to up to 12 weeks of unpaid leave. These laws help protect job security when employees need time away from work due to their own serious health condition, the birth or adoption of a child, or to care for a close family member who is ill. However, many employees wonder whether paid leave is available for these circumstances.

Understanding FMLA and CFRA Leave Benefits

In California, there are programs that can provide income replacement during an eligible employee’s time away. For most private sector employees and non-state public sector workers, California’s State Disability Insurance (SDI) program offers wage replacement benefits. Funded by contributions from California workers through payroll deductions, SDI provides short-term payments for employees unable to work due to a qualifying illness, injury, or pregnancy. This program allows workers to receive partial wages while they recover.

It’s important to understand how unpaid and paid leave options interact. While FMLA and CFRA provide job-protected leave, they do not guarantee income. SDI and PFL help fill this gap by offering income replacement during qualifying medical and family leave situations. Our team is here to assist employees and employers in understanding these rights and how to use them effectively to meet personal, family, and workplace needs.

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 are entitled to 12 weeks of unpaid leave each year under the Family and Medical Leave Act (FMLA) when they need time off for an eligible reason, such as a serious health condition, family care, or bonding with a new child. FMLA is meant to protect job security and provide employees with the right to take this necessary time away without fear of losing their positions. However, in some cases, employers may ignore or misinterpret FMLA requirements, leading to significant challenges for employees attempting to use their FMLA leave.

Common FMLA Violations

Unfortunately, FMLA violations can and do occur, even in the public sector. Common violations include outright denial of leave requests when an employee is entitled to FMLA, retaliatory actions against employees who exercise their right to take leave, interference with an employee’s FMLA rights, and even pressuring employees to work during their FMLA leave. Additionally, some employers fail to reinstate employees to their original or equivalent position once their leave period ends, violating the FMLA’s protective measures. Each of these scenarios disregards an employee’s entitlement to use FMLA leave without penalty or adverse treatment.

How We Can Help Public Employees Protect Their FMLA Rights

If you believe your employer has violated your FMLA rights or if you’re facing retaliation or denial of your entitled leave, we recommend consulting with an attorney before filing a complaint with Human Resources. Our legal team has substantial experience representing public employees in FMLA disputes, guiding them through the process of asserting their rights under federal law. From advising you on how to document your case effectively to representing you in negotiations or legal actions, we are dedicated to helping you address this injustice and obtain the protections you deserve. Contact us today to schedule a consultation and discuss your FMLA rights in greater detail.

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.