California fmla how long

Leave for both Parents Each parent is eligible for up to 12 weeks of CFRA family leave for the birth, adoption or foster care of a child.

If parents work for the same employer, they must share leave. Continuation of Benefits Employers must continue and pay for medical coverage under a group health plan for an employee who is on CFRA leave during the leave.

Coverage will not exceed 12 workweeks in a month period. An employer may recover premiums paid for coverage if employee fails to return from leave and if the employee's failure to return is not due to the continuation, recurrence or onset of serious health condition or other circumstances beyond the control of the employee. Substitution of Paid Leave The employer may require or an employee may elect that the employee substitute accrued vacation leave under CFRA.

The employer may require or an employee may elect that the employee substitute accrued sick leave under CFRA if leave is due to employee's own serious health condition. Employees may not use sick leave for the birth, adoption or foster care of a child unless employer agrees. Restoration of employee to previous work status is at the discretion of employer if the restoration would be detrimental to the employer's business.

Employee must be notified by employer of intent to refuse reinstatement. If leave has already begun, employer must give employee a reasonable opportunity to return to work following the notice.

Disputes litigated in a court of law may be awarded unlimited damages, attorney's fees and compensatory damages. Pregnancy Disability Leave Under the FEHA, private employers with five or more employees and public employers must provide up to four months leave for pregnancy, childbirth or related conditions regardless of amount of time a women has been employed and regardless of she works full or part-time.

If an employer allows leave for more than four months for other disabilities, it must also allow that same amount of time of for pregnancy disability.

Employees may use accrued vacation leave or sick leave during pregnancy disability leave. State employees have paid disability leave under their NDI program. The statute does not limit the definition of illness. This law is not linked to the CFRA or the FMLA, but it states that it does not extend the maximum period of leave that an employee is legally entitled to under those laws, regardless of whether an employee receives sick leave compensation during leave.

Annual sick leave available for "kin care" must be at least half of what the employee accrued in one year. Any remaining sick leave may be restricted for use for employee's own illness. Sick leave does not include any benefit provided under an employee welfare benefit plan and does not include any of the following benefits: insurance, workers' compensation, unemployment compensation disability or a benefit not payable from the employer's general assets.

FMLA leave in California is unpaid but is job-protected. The job must be waiting for the employee when they come back from their leave. An employee can take FMLA for pregnancy, or the birth of a child, or a new adoption or foster care placement. As seen below:. An employee can take FMLA for their own serious health condition, or to care for an immediate family member with a serious health condition.

And they may also be eligible to take FMLA when an immediate family member is deployed. PFL provides up to eight weeks of paid benefits when you have a wage loss due to taking time off work to:. Disability Insurance and Paid Family Leave provide wage replacement benefits only; they do not provide job protection.

The web pages currently in English on the EDD website are the official and accurate source for the program information and services the EDD provides.

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