Is an employee who is out on workers’ compensation also covered by family and medical leave laws?
If an employee has worked for your business for more than a year and has worked 1,250 hours in the preceding 12 months, then they should be eligible for either or both the federal Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA) leaves depending on the size of your business.
The FMLA applies to businesses with 50 or more employees, and the CFRA was expanded to cover businesses with five or more employees.
Under these two laws, if an employee has a serious health condition, the employee is entitled to take up to 12 weeks of leave, with job protection, and the employer must continue
HRCalifornia Resources
All resources require membership. For full access to every form, checklist and tool on HRCalifornia — plus the HRCalifornia Helpline for live expert support — become a member.