FMLA San Francisco
At Le Clerc & Le Clerc LLP, our attorneys have countless years of experience fighting FMLA claims on behalf of employees. We do not let employers get away with violating your legal rights and protections.
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Frequently Asked Questions
How much time can you take for FMLA leave in California?
The limit for FMLA leave is 12 weeks in a 12-month rolling period. This includes all reasons you may need to take protected unpaid leave. For example, if you need to take four weeks of leave to recover from a surgery starting July 1st, 2022, you will only have six weeks of protected leave left for all other FMLA reasons until July 1st, 2023.
What conditions qualify for FMLA leave in California?
You can take FMLA or CFRA leave in California for the following reasons:
- To recover from your own serious injury
- To care for a designated person recovering from a serious injury
- To bond with a new child
- Qualified military exigencies
A serious injury is defined as a health condition that makes the patient unable to perform the functions of their job. You may be required to provide a note from your healthcare provider stating that you or your loved one is considered incapacitated. Covered conditions include
- Any condition that requires inpatient care at a medical facility, such as surgery or addiction treatment
- Any condition that requires continuing treatment by a medical provider, such as pregnancy, chronic illnesses, or mental health conditions requiring intensive outpatient treatment
What happens when my 12 weeks of FMLA is exhausted?
The FMLA protects your job. Once your FMLA leave is exhausted, your job is no longer protected. If your leave under the FMLA was for your own serious health condition, the serious
health condition may also be considered a disability under the Fair Employment and Housing
Act (FEHA). Your employer may have to provide you with additional leave as a reasonable
accommodation after FMLA leave is exhausted.
If the FMLA leave was not because of your own serious health condition, your employer may grant you continued leave, but they do not have to do so. They can require you to return to work immediately or face termination, or they can offer you a different role when you return
from non-FMLA leave, reduced wages, or other changes instead of an identical or substantially similar position you have to be provided when returning from FMLA leave.
Can I lose my job after FMLA runs out?
Yes, if you need additional time off after your FMLA leave runs out, you can lose your job. That
is unless your leave under the FMLA was for your own serious health condition. If it was, then
the serious health condition may also be considered a disability under the Fair Employment and
Housing Act (FEHA). Your employer may have to provide you with additional leave, as a
reasonable accommodation, after FMLA is exhausted.