Family and Medical Leave Act FMLA

Understanding Your Rights Under FMLA

What is the Family and Medical Leave Act FMLA?

The Family and Medical Leave Act (FMLA) is a landmark federal law designed to help eligible employees balance their work responsibilities with critical family and personal medical needs. Enacted in 1993, the FMLA provides job-protected, unpaid leave for specified reasons, allowing employees to take necessary time off without the fear adverse action. The FMLA entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. Understanding your rights under the FMLA is crucial for navigating these important life events. 

At Brightwood Law Group, we are committed to helping California employees understand and exercise their FMLA rights. This page provides an overview of the FMLA’s core provisions, including eligibility, qualifying reasons for leave, and the protections it offers.

Employer Coverage and Employee Eligibility for FMLA

Not all employers or employees are covered by the FMLA.

  • Covered Employers:
    • Private-Sector Employers: Those who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year.
    • Public Agencies: All public agencies (local, state, and federal government) are covered employers, regardless of the number of employees they have.
    • Educational Institutions: Public and private elementary and secondary schools are covered employers regardless of the number of employees.
  • Eligible Employees: To be eligible for FMLA leave, an employee must meet all of the following criteria:
    • Works for a covered employer;
    • Has worked for the employer for at least 12 months as of the date the FMLA is to start;
    • Has worked at least 1,250 hours for that employer during the 12-month period immediately preceding the start of the leave; and
    • Works at a location where the employer employs 50 or more employees within a 75-mile radius of that worksite as the date when the employee gives notice of the need for leave.

Qualifying Reasons for Taking FMLA Leave

Eligible employees may take FMLA leave for any of the following reasons:

  • Birth and Care of a Newborn Child: For the birth of a son or daughter and to bond with the newborn child within one year of birth.
  • Placement of a Child for Adoption or Foster Care: For the placement of a son or daughter with the employee for adoption or foster care and to bond with the newly placed child within one year of placement.
  • Care for an Immediate Family Member with a Serious Health Condition: To care for the employee’s spouse, son, daughter, or parent who has a serious health condition.
  • Employee’s Own Serious Health Condition: When the employee is unable to perform the essential functions of their job due to their own serious health condition.
  • Qualifying Exigencies for Military Families: For any “qualifying exigency” arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty” (or has been notified of an impending call or order to covered active duty).

Key FMLA Protections and Benefits During Leave

The FMLA provides significant protections for employees taking leave:

  • Job Protection and Reinstatement: Upon return from FMLA leave, an employer must restore the employee to their original job or to an “equivalent” job. An equivalent job means one that is virtually identical to the original job in terms of pay, benefits, and other terms and conditions of employment (including shift, duties, and location).
  • Continuation of Health Insurance: Employers must maintain the employee’s coverage under any group health plan on the same terms and conditions as if the employee had been continuously employed during the entire FMLA leave period. The employee may be required to continue paying their share of the health insurance premiums.
  • Unpaid Leave (Generally): FMLA leave is generally unpaid. However, an employee may elect, or an employer may require the employee, to substitute accrued paid leave (such as vacation, sick, or family leave) for unpaid FMLA leave, under certain conditions.

Notice Requirements for FMLA Leave

Both employees and employers have certain responsibilities regarding notice:

  • Employee Notice: 
    • If the need for FMLA leave is foreseeable (e.g., for a planned medical treatment or childbirth), an employee must generally provide their employer with at least 30 days’ advance notice.
    • If the need for leave is not foreseeable, the employee must provide notice as soon as practicable and generally an employee must comply with the employer’s practices and policies unless unusual circumstances prevent the employee from doing so. 
  • Employer Notice: Employers have several notice obligations, including: 
    • Posting a general notice explaining FMLA provisions.
    • Answering questions from employee regarding their rights under FMLA. 
    • Providing general FMLA information in employee handbooks or to new hires.
    • Responding to an employee’s FMLA request with an eligibility notice, a rights and responsibilities notice, within five business day of having notice of the employee’s need for leave.

Interaction with California Leave Laws (CFRA, PDL)

California employees are often covered by both federal FMLA and state laws like the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL).

  • Concurrent Leave: Often, FMLA and CFRA leave will run concurrently if the reason for leave qualifies under both laws.
  • Greater Protection Applies: If state law provides greater family or medical leave rights than FMLA, the employee is entitled to the law that provides the greater benefit. For example, CFRA has a broader definition of “family member” for caregiving leave than FMLA in some respects.
  • Pregnancy Disability Leave (PDL): PDL in California is separate from CFRA bonding leave. An employee disabled by pregnancy can take up to four months of PDL, which may run concurrently with FMLA. After PDL ends, an eligible employee can then take up to 12 weeks of CFRA bonding leave. This can result in a longer total period of protected leave than FMLA alone might provide for pregnancy and bonding.

Prohibition Against Interference and Retaliation

The FMLA makes it unlawful for any employer to:

  • Interfere with, restrain, or deny the exercise of (or the attempt to exercise) any right provided by FMLA.
  • Discharge or in any other manner discriminate or retaliate against any individual for opposing any practice made unlawful by FMLA or for their involvement in any FMLA proceeding (such as filing a charge, instituting a proceeding, or giving information or testimony).


(If you believe you have faced retaliation for FMLA leave, see our page on FMLA & CFRA Retaliation).

What to Do If Your FMLA Rights Are Violated?

If you believe your employer has interfered with your FMLA rights or retaliated against you for taking FMLA leave, contact our office and speak to an experienced attorney. We are well-versed in the complexities of the FMLA and related California leave laws. We can help you by providing a free consultation to determine if we are able to represent you and pursue legal action.

FMLA is a key component of leave entitlements. For a broader picture, see our California Medical and Family Leave Overview.

Learn about California’s state-level equivalent, the California Family Rights Act (CFRA).

If you faced negative consequences for taking FMLA leave, visit our page on FMLA & CFRA Retaliation.

Medical Leave
California Family Rights Act