Family Medical Leave Act

California Family Rights Act

In California you may be entitled to take up to 12 weeks of unpaid health care leave (you may be allowed to apply your vacation and sick time so you receive those benefits during your leave). If you, your registered domestic partner, your parent, or your child requires medical care due to illness or medical treatment for a serious health condition and you meet these requirements:

• you are employed by an employer who has more than 50 employees within 75 miles of your work site,
• you have worked for at least 12 months for your employer at the time the leave is to begin, and
• You have worked for more than 1250 hours in the previous 12 months.

You have similar benefits as it relates to the birth, foster care placement, or adoption of a child.

Employees who seek to take medical leave have the legal right to be returned to the same or a similar position of employment if they return within the time afforded under the law. Throughout the period of the medical leave the employer has the responsibility of maintaining the employee’s health care coverage and other benefits. Taking a medical leave cannot be the basis for discipline, hiring, firing, or promotional decisions.

Read more about Employment Discrimination and Harassment

Learn more about the rights and responsibilities of Registered Domestic Partnerships.

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Christopher Dolan, the founding member of The Dolan Law Firm, has been selected as the California Consumer Attorney of the Year; and has been repeatedly nominated as the San Francisco Trial Lawyer of the Year; as well as chosen as a Northern California Super Lawyer; A review of his practice and work by his peers give him the designation of “A.V.”, having the "highest legal ability" and ethics by Martindale-Hubbell.

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