Do I Qualify for a Medical Leave?

HomeBlogDo I Qualify for a Medical Leave?
July 31, 2022

Under federal and state law, employees in California are entitled to a leave of absence if they fulfill certain provisions. In order to successfully take medical leave, you must prepare the appropriate documentation and have your application approved. Understandably, employees may wonder whether their health condition qualifies under the federal Family Medical Leave Act, as well as the California Family Rights Act.

If you aren’t sure whether to apply for medical leave, call a knowledgeable attorney right away to review your options. We have experience representing those who need assistance with applying for medical leave and can help you determine whether you are entitled to medical leave.

Unpaid Leave Provided Under the CFRA

In California, the CFRA (The California Family Rights Act) outlines that employees are able to receive up to 12 weeks of protected, unpaid leave over the course of 12 months. The employee must provide one of the following reasons in order to qualify:

  • The employee has a serious health issue or disability unrelated to pregnancy or childbirth.
  • The employee needs to care for a spouse, child, parent, grandparent or another recognized individual with a serious health condition.
  • An employee wants to bond with their newborn or newly adopted child during their first 12 months. 
  • They face short-notice military deployment or wish to spend time with a military member who is currently taking short-term leave. 

If the employee requested leave due to caring for a family member with a serious health condition, the illness is defined by a mental health condition, an injury, illness or other impairment that requires continuous treatment by a health care professional, at-home care or hospice or another residential medical care center. 

Who Qualifies for FMLA Leave?

The Family and Medical Leave Act grants time off to employees throughout the United States since it is a federal law. You may receive FMLA leave if the following is true:

  • You have worked for your employer for a minimum of 1 year
  • You’ve completed at least 1,250 hours of work in the previous year, and
  • Your workplace contains 50 or more employees that live within a 75-mile radius

There are many reasons an employee may take FMLA leave, such as if they wish to bond with a newly born or adopted child, heal from a serious health issue, provide care for a loved one with a debilitating health issue or address qualifying issues related to a family member’s military duties. In California, employees are allowed up to 12 weeks of leave within a year for the aforementioned situations. 

Under paid leave, California employees may receive between 60 to 70% of their wages for no longer than 8 weeks depending on their salary. An employment attorney can help you calculate the amount of paid leave you can expect to receive.  

Contact an Attorney to Discuss Your Medical Leave

The right to medical leave is often guaranteed by contract. To see whether your specific situation qualifies for medical leave, contact our employment lawyers at Olivier & Schreiber PC to review your case. We will work hard to help you achieve the outcome you need.




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