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The Family and Medical Leave Act (“FMLA”) provides qualified employees with up to 12 weeks of unpaid, job-protected leave per year for qualified medical and family reasons.
The FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. Under California law, the California Family Rights Act (“CFRA”) provides somewhat different protections with different requirements, including that it applies to employers with five or more employees.
Any employee who has a covered serious injury or illness and has worked at least 12 months for at least 1,250 hours over the prior 12 months may take FMLA leave. A covered illness for yourself is one where you are unable to perform the functions of your job. When it comes to a family member, a serious health condition usually involves a period of incapacity, meaning someone is unable to work, attend school or perform other regularly daily activities.
We all endure changes in life. Whether that means celebrating a newborn baby or mourning the loss of a loved one, FMLA is meant to provide employees with time away from work without fear of losing their employment.
The longest employees can take is 12 weeks of unpaid leave while still having your job secured. If you are a covered servicemember, FMLA allows you to take 26 weeks.
You can resign while on FMLA. The purpose of the law is to protect you from losing your job but if you do not feel you can continue with your employment, you may resign.