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Qualifying Reasons for Family Leave in California

Guha Law June 22, 2021

The Family and Medical Leave Act of 1993 allows you to take unpaid leave from work for medical and family issues. You should check the law to see if the act protects your situation. Some states have additional protections, so you should also check state law if your situation isn’t eligible under the FMLA.

New Child

Parents, regardless of their gender, can take up to 12 weeks of unpaid leave when they have a new child. Federal law gives you 12 months from the date of the new addition to your family to take leave for bonding with your new child. This law applies to both your biological and non-biological children. If you are fostering a child, you can also take protected leave to bond with them.

Serious Health Condition

If you have a serious health condition that prevents you from performing an essential duty at work, then you could take protected leave. The Family and Medical Leave Act protects your right to take unpaid leave for receiving medical treatment for a serious health condition too. In situations where you’re unable to find someone to care for a family member who has a serious health condition, you could take leave under protection of the FMLA.

If you have day-to-day responsibilities to care for a child, you could take leave on a basis of in loco parentis. If there is someone who you cared for based on in loco parentis when they were a child, you could do so again when they are an adult.

Active duty

If your spouse or family member is on active duty, you could take FMLA leave to spend time with them when they have a rest period. If you need to handle any financial or legal situations after a family member has gone on active duty, you could take job-protected leave. Another situation is caring for a service member who has a serious health condition. You could get up to 26 weeks of job-protected leave to take care of a service member who has a serious health condition.

There are many different circumstances in which you could take leave from work without worrying about your employer firing you. If they do fire you or harass you over it, you may want to speak with a lawyer to protect your rights.