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Medical Leaves of Absence 
When we, or a family member, get sick or hurt it can be anextremely stressful time.    Thesesituations are often made worse when we are afraid that we might lose our jobby taking off time to recover or care for a sick family member. 


In California,some types of medical leave are protected under the federal Family and MedicalLeave Act (FMLA) and/or the analogous California Family Rights Act (CFRA).
The first thing to know is “am I eligible?”
The FMLA/CFRA does not protect all workers.  These leave provisions only apply to those employeeswho meet the following: (1) have worked at least one year for their employer;(2) have worked at least 1,250 hours in the past year; and (3) whose employerhas at least 50 employees working within 75 miles of the employee’s worksite.
According to U.S. Department of Labor, approximately 53% ofthe USworkforce, are eligible for FMLA protection (the other 47% have to rely ontheir employer’s leave policies). Employees who work for an employer who doesnot meet the three guidelines above may still qualify for medical leave.  Contact Gienapp Law, APC (619) 234-3054 for a freeconsultation concerning your medical leave rights. 
How much medical leave is allowed under FMLA/CFRA?
Under FMLA/CFRA, employees are entitled to take a maximum of12 weeks of unpaid medical leave to care for a newborn, newly adopted child,seriously ill family member or for their own serious illness (under FMLA thisincludes incapacity due to pregnancy, childbirth or related medicalconditions). You may be entitled to an extension of leave past the 12 weekmaximum if you have a mental or physical disability that requires a leaveextension as an accommodation of that disability.
What if I’m pregnant?
If you are unable to work due to pregnancy, childbirth, orrelated medical conditions, you generally qualify for 4 months of leave underthe California Pregnancy Disability Leave Law (PDLL) – (see my other Blog poston Pregnancy Leave)  A pregnant employeeis eligible for PDLL as long as the employer has at least five employees. Afterthe initial 4 months, eligible employees can then take an additional 12 weeksof CFRA leave “for reason of the birth of her child, if the child has been bornby this date.”
Procedure for seeking medical leave
Virtually all employees who are required to offer theiremployees FMLA/CFRA leave have forms for an employee and/or the employee’smedical provider to fill out.   It is important to follow the procedures youremployer has for taking medical leave, including submitting the requiredinformation from a doctor or medical provider.  In some circumstances, an employer may even ask an employee to go to adoctor or medical provider of their choosing for a second opinion. 
Illegal Activity
It is illegal for an employer to treat you differently orpunish you for asking about or taking medical leave. Under most circumstances,you also have a right to be reinstated to the same or a comparable positionupon return from your medical leave. 
If you believe your employer has interfered with orretaliated against you for using medical leave, or you have questions or concernsabout getting full access to your medical leave, contact Gienapp Law,APC (619) 234-3054 for a free consultation.