Medical Leave

Under the California Family Rights Act, an eligible employee may take a job-protected leave of absence for the birth of a child for purposes of bonding, for placement of a child in the employee’s family for adoption or foster care, for the serious health condition of the employee’s close family member, and for the employee’s own serious health condition.  An eligible employee may also take a job-protected leave of absence in certain circumstances to take care of certain personal or family matters when the need for the leave is caused because the employee’s close family member is in the National Guard or Reserves and is called to active duty.  The leave may total up to 12 work weeks in a 12-month period, except that the leave may total up to 26 work weeks in a 12-month period when the employee is taking care of a close family member who has a serious injury or illness that was incurred in the line of duty on active duty in the military. The leave does not need to be taken in one continuous period of time.   Not all employees are eligible for this leave.  The employer, unless it is a government agency, needs to have at least 5 employees. The employee needs to have been with the employer for at least a year and to have worked a certain number of hours.  Many part-time employees do not qualify.