Understanding Emergency Leave Law

The federal family and medical leave act regulates emergency leave in California. There are set regulations by the federal law which requires employers to give employees unpaid leave so that they can attend to emergency medical needs.


The Federal FMLA Rights

Employees who are eligible for the emergency leave can take up to 12 weeks of unpaid leave. The leave is offered by your employer if you develop certain health complications which will require you to seek medical attention. For example, you may need to seek medical attention to bond with your baby after childbirth.


Who Is Covered?

Some of the conditions you should fulfill for you to be covered under the law include:

  • You must have worked for the company for more than a year
  • The employee should have worked in the same company for more than 1,250 hours during the previous year.
  • The employees in the company should work in a radius of fewer than 75 miles, and they should be more than 50 employees in the organization.


Reasons for Leave

You can take the leave for several reasons; some of the reasons why you can decide to seek the emergency leave include the following:

  • To bond with your baby
  • So that you can recuperate from a serious health complication
  • To care for your sick family member
  • Handling qualifying exigencies due to a family member who is active in the military
  • To care for a family member who suffered an incident while serving in the military


Leave and Reinstatement Rights

The employer is required by law to reinstate you to the position where you were serving before you went for the leave. Employers can use their accrued leave during their FMLA even if it is not paid.


California Military Family Leave

If an employer has more than 25 employees, the law requires him to offer spouses their partners have returned from military deployment to have ten days of unpaid leave.


California Pregnancy Disability Leave

If you are an employer with at least five employees, then you should give them reasonable time to recover after childbirth and pregnancy.


California Small Necessities Law

In any 12 month period, employers with more than 25 employees should give them at least 40 hours of unpaid leave.


California Domestic Violence Leave

If an employee is suffering from domestic violence and he works in a company with more than 25 employees, the employer is required by law to offer the employee emergency leave so that she can seek medical treatment, restraining orders or counseling.