San Diego FMLA Services

Who is Eligible for FMLA Leave?

Employees are eligible to take FMLA leave if they work for a covered employer and have worked for that employer for at least 12 months, have at least 1,250 hours of service over the previous 12 months, and work at a location where the employer has at least 50 employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FSLA principles for determining compensable hours or work.

For more information on FMLA eligibility and who is covered under the FMLA, visit our FMLA Eligibility page.

What is Intermittent FMLA Leave?

Intermittent FMLA leave is FMLA leave that is taken in separate blocks of time for a single qualifying reason. Intermittent FMLA leave may be taken in increments as small as one hour. Employees must obtain their employer’s approval to take FMLA leave on an intermittent or reduced leave schedule. An employer may limit intermittent leave or leave on a reduced leave schedule under certain circumstances. If an employee is taking FMLA leave due to a qualifying exigency, FMLA leave may be taken in any increment, as long as the employer's minimum increment requirement is not greater than one hour and the leave is not taken for more time than is medically necessary.

How Do I Apply for FMLA Leave?

If you are an eligible employee and need to take FMLA leave, you must provide your employer with sufficient notice. While the FMLA does not specify how much notice must be given, you must let your employer know that you need to take FMLA leave and provide enough information for your employer to determine whether the leave qualifies under the FMLA. You may also be required to provide medical certification and other relevant documents. If you are unable to provide advance notice of your need for FMLA leave, you should contact your employer as soon as possible after learning of your need to take leave.

How Long Does FMLA Leave Last?

A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the reasons listed above. For more information on how long FMLA leave lasts, visit our Leave Entitlement page.

What Are the Benefits of the FMLA for Employees?

Under the FMLA, eligible employees are entitled to the following benefits:

• Twelve workweeks of leave in a 12-month period for the reasons listed above;
• Continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave;
• Restoration to the same job or an equivalent job with equivalent pay, benefits, and other terms and conditions of employment; and
• Protection of the employee’s job and benefits while on FMLA leave.

For more information on the benefits of the FMLA for employees, visit our Benefits page.

How Does FMLA Compliance Work for Employers?

Employers covered by the FMLA must comply with the Act’s notice requirements. In addition, employers must maintain the employee’s group health insurance coverage during the FMLA leave as if the employee had not taken leave. If the employee was paying all or part of the premium before taking FMLA leave, the employer must continue to allow the employee to pay his or her share of the premium during the leave period. An employer is also prohibited from interfering with, restraining, or denying the employee’s exercise of his or her FMLA rights. Finally, an employer may not retaliate against an employee for exercising or attempting to exercise FMLA rights, or for filing a complaint with the DOL.

For more information on FMLA compliance for employers, visit our Compliance page.

What FMLA Documentation is Required?

An employer may require an employee seeking FMLA leave to provide:

• Thirty days’ advance notice of the need to take FMLA leave when the need is foreseeable;
• Notice as soon as practicable if the need to take FMLA leave is not foreseeable; and
• Medical certification to support the need for FMLA leave due to a serious health condition that makes the employee unable to perform the employee’s job, care for a covered family member, or care for a covered family member with a serious health condition.

An employer may also require a second or third medical opinion (at the employer’s expense) and periodic recertification of a serious health condition. If the employer properly requests certification or recertification, the employee’s FMLA leave may be delayed until the employee provides the requested certification or recertification, unless it is not practicable under the circumstances to do so. For more information on how to document FMLA leave, visit our FMLA Documentation page.

What is the Difference Between FMLA and CFRA?

The California Family Rights Act (CFRA) is a state law that is similar to the federal FMLA, but provides eligible employees with additional leave benefits. The CFRA is administered by the California Department of Fair Employment and Housing (DFEH) and applies to all employers with five or more employees.

For more information on the differences between the FMLA and the CFRA, visit our FMLA vs. CFRA page.

What is the Difference Between FMLA and PDL?

The California Pregnancy Disability Leave (PDL) law is a state law that is similar to the federal FMLA, but provides eligible employees with additional leave benefits. The PDL law applies to all employers with five or more employees and provides eligible employees with up to four months of leave for a pregnancy-related disability.

For more information on the differences between the FMLA and the PDL, visit our FMLA vs. PDL page.