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FMLA California: What are Employer Requirements in California?

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What are FMLA California Employer Requirements?

FMLA or the Family Medical Leave Act is a type of leave on the Federal level. FMLA applies to employees who meet the following requirements:


  1. They have worked for the company for at least a year.
  2. They have worked at least 1,250 hours in the last year.
  3. They work in a location with 50 or more employees within a 75 mile radius. 


If these requirements have been met, then the employees will become eligible to take their leave.


California employers are also required to post the federal FMLA poster in the workplace where all employees have access to review the information about leave. 

How long is FMLA leave for employees under California law? 

In the State of California, as of January 1, 2021, employers with 5 or more employees must provide eligible employees with unpaid job-protected leave of up to 12 weeks in a 12-month period for certain reasons. 


In California, FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 workweeks of leave to care for a covered serviceman during a 12 month period.


Other unpaid job-protected leaves may increase the amount of time that your employee can have off. 


Is FMLA paid leave in California?

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.

What qualifies an employee to take FMLA in California?

An employee can take FMLA for pregnancy, or the birth of a child, or a new adoption or foster care placement. As seen below: 

  • The birth of a child and to care for the newborn child within one year of birth;
  • The placement with the employee of a child for adoption or foster care and to care for The newly placed child within one year of placement;
  • To care for the employee’s spouse, child, or parent who has a serious health condition;
  • A serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • 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”

An employee can take FMLA for their own serious health condition, or to care for an immediate family member with a serious health condition.

Employees can also take FMLA if they have an immediate family who’s a military service person who’s been injured.

And they may also be eligible to take FMLA when an immediate family member is deployed.

Keep in mind that these are the qualifying reasons for FMLA under federal law, and that there may be some differences with the qualifying reasons under California law under the California Family Rights Act.

If you have more questions regarding FMLA leave, please contact Bizhaven at [email protected]

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