Question By: The Family and Medical Leave Act (FMLA) and California's leave of absence laws share similarities but also have distinct differences.
The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. It applies to employers with 50 or more employees within a 75-mile radius and to employees who have worked for the employer for at least 12 months and have clocked at least 1,250 hours in the past year. FMLA allows for leave for reasons such as the birth or adoption of a child, caring for a seriously ill family member, or dealing with the employee's own serious health condition.
California's leave of absence laws, on the other hand, encompass a broader range of circumstances and often provide more generous benefits than FMLA. California's Family Rights Act (CFRA) closely mirrors FMLA but applies to employers with as few as five employees. Additionally, California's Paid Family Leave (PFL) program allows eligible employees to receive partial wage replacement while taking time off to care for a seriously ill family member or bond with a new child.
One significant difference between FMLA and California's leave laws is that California's Pregnancy Disability Leave (PDL) provides up to four months of leave for pregnancy-related disabilities, which is separate from CFRA and PFL. Furthermore, California's laws tend to be more protective of employees, offering additional protections and benefits, such as broader definitions of family members and stricter requirements for employers.
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