Can Employees Take Medical Leave For the Birth or Adoption of a Child?

Can Employees Take Medical Leave For the Birth or Adoption of a Child?

The birth or adoption of a child is a momentous event in a person’s life, bringing joy and new responsibilities. However, it also raises important questions about job security and medical leave. In California, employees have legal protections that allow them to take medical leave for such significant life events. At the Law Office of Jeannette A. Vaccaro, we are dedicated to helping employees understand and exercise their rights to ensure they can focus on their growing families without fear of losing their jobs.

Understanding Medical Leave in California

Medical leave in California is governed by both state and federal laws, specifically the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA). These laws provide eligible employees with job-protected leave to care for themselves or their family members, including bonding with a new child born or adopted into their family.

Employee Medical Leave Rights Under California and Federal Laws

California Family Rights Act (CFRA)

Under the CFRA, eligible employees in California are entitled to up to 12 weeks of unpaid, job-protected leave within a 12-month period for the birth, adoption, or foster care placement of a child. This leave can be taken continuously or intermittently and applies to both mothers and fathers. To qualify for CFRA leave, an employee must have worked for their employer for at least 12 months and clocked at least 1,250 hours of service during the previous 12 months. Additionally, the employer must have at least five employees.

Family and Medical Leave Act (FMLA)

The FMLA provides similar protections at the federal level, granting eligible employees up to 12 weeks of unpaid leave for the birth or adoption of a child. Eligibility criteria under the FMLA are slightly different: an employee must have worked for their employer for at least 12 months, accumulated at least 1,250 hours of service in the past year, and work at a location where the employer has 50 or more employees within a 75-mile radius.

When both CFRA and FMLA apply, employees are entitled to the protections of the law that offer the greater benefit. This means that employees in California may be covered by both sets of regulations, receiving up to 12 weeks of leave under the most favorable conditions.

Eligibility for Medical Leave for Adoption and Birth

Eligible employees can take medical leave for the birth or adoption of a child if they meet the following criteria:

• Employment Duration: The employee must have worked for their employer for at least one year.
• Hours of Service: The employee must have completed at least 1,250 hours of work in the preceding 12 months.
• Employer Size: For CFRA leave, the employer must have at least five employees. For FMLA leave, the employer must have at least 50 employees within a 75-mile radius.

Employees are encouraged to notify their employers at least 30 days in advance of their intention to take leave, whenever possible. It’s important to note that medical leave does not have to be taken all at once; intermittent leave is permitted if it is medically necessary.

Contact an Attorney to Protect Your Entitled Leave

Welcoming a new child into your home, whether through birth or adoption, should be a joyous and secure time for any parent. Understanding your rights to medical leave is crucial to ensure you can spend that time focusing on your family, without worrying about your job security. At the Law Office of Jeannette A. Vaccaro, we stand ready to support you in navigating the complexities of employment law and securing the leave you are entitled to. If you need assistance with your medical leave rights, contact us now for a consultation.