FMLA Intermittent Leave: FAQs Answered

A FMLA Leave in California is where employees may take FMLA intermittent leave in separate, non-consecutive periods due to a single qualifying reason. Intermittent leave can also be taken in increments of small than half days.

By Brad Nakase, Attorney

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Table of Contents

1. What is FMLA leave?

2. How much time off does FMLA offer?

3. Who is eligible for FMLA?

4. Do you have to take all your FMLA leave at once?

What is FMLA leave?

The state of California is renowned for its progressive policies and commitment to workers’ rights, and the Family and Medical Leave Act (FMLA) stands as a pillar of support for employees and their families. FMLA is a crucial piece of legislation that grants eligible workers the right to take job-protected leave for various personal and family-related reasons without fearing adverse consequences from their employers. Since its enactment, FMLA has played an indispensable role in nurturing a healthy work-life balance, fostering strong family bonds, and ensuring the well-being of employees across the Golden State.

At its core, FMLA is designed to provide qualified employees with the essential time off they need during challenging life events, such as the birth or adoption of a child, caring for a seriously ill family member, or addressing their own serious health condition. By offering this crucial support, the law not only bolsters individual well-being but also strengthens the foundation of families throughout California.

In this article, our employment defense attorney discusses FMLA law in California, studying its provisions, utilization, and the individuals it aims to help. Employers and employees are encouraged to better understand their rights and obligations under FMLA, which ultimately can help foster a more harmonious and compassionate work environment across the state.

How much time off does FMLA offer?

Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to take up to 12 weeks of unpaid job-protected leave within a 12-month period. This leave can be used for specific qualifying reasons, including:

The birth and care of a newborn child.
The placement of a child through adoption or foster care.
To care for the employee’s spouse, child, or parent with a serious health condition.
When the employee is unable to work due to a serious health condition.
In certain circumstances, for qualifying exigencies arising from a family member’s military service.
In addition, eligible employees who have a covered family member in the military with a serious injury or illness may take up to 26 weeks of FMLA leave in a single 12-month period to care for that family member.

It is important to note that while FMLA guarantees job protection during the leave period, the leave itself is unpaid. However, employees may be able to use accrued paid leave, such as vacation days or sick days, to receive compensation during their FMLA leave.

Moreover, some states, including California, have their own family leave laws that can provide additional benefits or expand upon the federal FMLA. In California, the California Family Rights Act (CFRA) provides similar job-protected leave for eligible employees and also covers some additional situations beyond what is included in the FMLA. These state laws can grant employees more time off or expand the definition of covered family members.

Who is eligible for FMLA?

To be eligible for FMLA (Family and Medical Leave Act) protections, employees must meet specific criteria set by the U.S. Department of Labor. The eligibility requirements are as follows:

Employment Status: Employees must work for a covered employer. The FMLA applies to private sector employers with 50 or more employees within a 75-mile radius, as well as public agencies (including federal, state, and local government employers) and local educational agencies. Employees must be working for a covered employer to be eligible.

Worked Hours: Eligible employees must have worked for the covered employer for at least 12 months. The 12 months of employment need not be consecutive, but the employee must have worked at least 1,250 hours during the 12-month period preceding the start of the FMLA leave.

Work Location: Employees must work at a location where the employer has at least 50 employees within a 75-mile radius. This requirement is relevant for employees seeking FMLA protections from private sector employers.

Qualifying Reason: Employees must have a qualifying reason to take FMLA leave. Qualifying reasons include the birth and care of a newborn child, the placement of a child through adoption or foster care, caring for a spouse, child, or parent with a serious health condition, the employee’s own serious health condition, or qualifying exigencies arising from a family member’s military service.

It is important to note that FMLA leave is available on a per-rolling 12-month basis. Once an eligible employee takes FMLA leave, the 12-month period begins, and the employee may take up to 12 weeks of FMLA leave during that period. If an employee has taken the full 12 weeks of FMLA leave during the 12-month period, they must wait until the next 12-month period begins to be eligible for additional FMLA leave.

Notably, some states have their own family and medical leave laws that may offer similar or additional protections, potentially covering smaller employers or expanding the scope of eligible reasons for leave. In such cases, employees may be eligible for leave under both the federal FMLA and state-specific laws, depending on the circumstances.

Do you have to take all your FMLA leave at once?

California employees do not have to take all their FMLA leave at once. The FMLA allows for various leave arrangements to accommodate the specific needs of eligible employees. Two common types of FMLA leave that provide flexibility are intermittent FMLA leave and reduced schedule FMLA leave.

Intermittent FMLA Leave

Intermittent FMLA leave allows eligible employees to take leave in separate blocks of time for a single qualifying reason. This means that an employee can take FMLA leave in increments rather than all at once. It is often used for medical conditions or serious health issues that may require periodic treatments, doctor’s appointments, or flare-ups. For example, an employee undergoing chemotherapy may need to take intermittent leave to attend medical appointments and manage side effects.

Reduced Schedule FMLA Leave

Reduced schedule FMLA leave permits eligible employees to reduce their usual work hours temporarily due to a qualifying reason. For instance, an employee caring for a newborn may choose to work part-time rather than their regular full-time hours during the FMLA leave period.

In addition to the federal FMLA, California has its own family and medical leave laws, including the California Family Rights Act (CFRA) and the New Parent Leave Act (NPLA). These state laws provide additional protections and benefits for eligible employees beyond what is offered under the federal FMLA.

Under the CFRA, which is applicable to employers with five or more employees, eligible employees can take up to 12 weeks of unpaid leave within a 12-month period for reasons similar to the federal FMLA. This includes bonding with a new child, caring for a family member with a serious health condition, and addressing their own health condition.

Moreover, California’s Paid Family Leave (PFL) program allows eligible employees to receive partial wage replacement during certain types of FMLA leave, making it more financially feasible for employees to take time off for family and medical reasons.

Importantly, the interaction between federal FMLA, California state laws, and an employer’s own leave policies can be complex. Employees should be aware of their rights under both federal and state laws and consult with their Human Resources department or an employment lawyer to fully understand their entitlements and the applicable procedures for requesting and taking FMLA leave.

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