Employment Law Attorneys

Family Medical Leave Act

In California, employees who work for an employer with 50 or more employees within a 75 mile radius are entitled to up to 12 weeks of protected medical leave if they have worked for the employer for more than 1 year and performed more than 1250 hours of work during the year. 

Employees can take job protected unpaid medical leave for the following:

  • birth and care of a newborn child of an employee;
  • for placement and care with the employee of an adopted child or foster child;
  • to care for an immediate family member (spouse, child or parent) with a serious health condition; or,
  • to take medical leave when the employee is unable to work because of their own serious health condition.

Employees may return to their prior job or a comparable job at the end of their protected leave if the job still exists.  For example, if an employer closed an entire site then the employee is not entitled to return to a job that does not exist. It is a violation of the law to not allow an employee to return to their prior job or a comparable job if they are eligible for protected leave and there is no legal reason why they could not be returned. 

What is Prevailing Wage?

Under California law prevailing wage rates are set by statute for contractors and sub-contractors that perform work on state, municipal and local public works projects

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