There may come a time when an employee must miss work for an extended period of time. The Family and Medical Leave Act or FMLA is a federal law that gives individuals the right to take time off from work to attend to certain family and health-related matters. In essence, if a California worker's employer is required to abide by the rules of FMLA, and a worker takes FMLA-approved leave, when the employee returns to work, the worker must get their job back or a position that is equivalent to their former position in terms of pay and benefits.
A person who comes back from FMLA leave may not lose wages or benefits for using time off to attend to an approved need. If they do, the worker may have options for seeking redress from their employer. Not all workers qualify for FMLA leave, and not all employers must follow the law's requirements. This post will focus on which employers are required to follow FMLA requirements.
All governments must provide their workers with FMLA leave, from local city governments all of the way up to the federal government. Additionally, employers who engage in interstate commerce and who employ at least 50 workers for at least 20 weeks out of the current or past calendar year must extend FMLA rights to their employees. This means that small businesses, family restaurants and other employers whose staffs are under 50 people or whose employee base drops off during the year may not be required to allow their employees to take FMLA leave.
Every case is specific to the facts present with the employer, and for this reason, it is important that individuals facing FMLA legal issues discuss their legal problems with employment law attorneys in their jurisdictions. This helps ensure that the worker's rights and interests are protected while they determine the best course of action to take.