How federal and state laws protect your job while you take family leave

The Family and Medical Leave Act (FMLA) was created to ensure employees can take time off to take care of their families without losing their jobs. In the United States, federal and state laws protect employees who need to take family leave, safeguarding their rights and providing them with job security while caring for their loved ones or themselves.

FMLA Protections

According to the FMLA, eligible employees can take up to 12 weeks of unpaid leave each year for more serious family and medical reasons, such as the birth or adoption of a new child or caring for their spouse, child, or parent with a serious health condition requiring their care. When the employee needs to be away, their job is protected so that they can return to the same or a similar position once their leave period ends while also retaining their health benefits.

State Family and Medical Leave Laws

State laws, such as California’s, provide some additional protections beyond what is set forth in federal law. These extra benefits are designed to support workers during their family leave. For example, Paid Family Leave (PFL) programs have been implemented, which allow employees to receive a partial portion of their salary while on family leave. These programs were created to help ensure that workers not only have the right to take leave when needed, but also so they could receive financial support during their time away from work so they can properly care for those who need them most.

Your Rights Matter

It is crucial for you as an employee to be aware of your rights to take family leave under federal and state laws. This knowledge empowers you to take full advantage of these protections. Consulting with the California labor office can guide you on the specific benefits and regulations that apply to your situation, ensuring that you can assert your rights and your employer is complying with these laws at the time you need to take time off.

If you are not receiving the necessary support from your employer or your employer denies you your leave even though you meet the requirements, feel free to contact an employment lawyer who will help you fight for your rights. At Lara & Luna APC, we are here to help you every step of the way. Contact us.