Can You Take Unpaid Leave Without Risking Your Job? Here's What California Employees Need to Know

The Family and Medical Leave Act (FMLA) is a federal law designed to help. It allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for certain family or medical situations. But not everyone qualifies, and not every employer has to comply. Before you take time off, it’s important to understand the rules so you can protect your job and your loved ones.

First, is your employer covered?

All public agencies and schools are automatically required to comply with the FMLA. But if you’re working for a private business in places like Encinitas, Long Beach, or Vista, the FMLA only applies if your employer:

• Has at least 50 employees
  
• For at least 20 workweeks in the current or previous calendar year
  
  

If your company is smaller than that, unfortunately, your job might not be legally protected under the FMLA if you take extended time off.

Do you meet the employee qualifications?

Even if your employer is covered, you must meet all of the following requirements:

• Worked for that employer for at least 12 months
• Worked a minimum of 1,250 hours in the past year
• Work at a location where the company has at least 50 employees within 75 miles
• Not be designated as a “key employee” whose absence could cause major disruption
  
  

This means even longtime employees in places like La Mesa, Carlsbad, or National City might not be eligible depending on their situation.

What kinds of conditions qualify for FMLA?

The law only applies to serious health conditions, things that involve inpatient care or continuing treatment. It does not cover minor issues like a cold or short-term stress.

Situations that may qualify include:

• Surgery or recovery time
• Chronic conditions requiring ongoing care
• Pregnancy, childbirth, or caring for a newborn
• Caring for a spouse, parent, or child with a serious illness
• Certain military family leave circumstances
  
  

Your employer has the right to request documentation from a healthcare provider. They may also ask for updates or follow-up records. If you know you’ll need time off, say for surgery or childbirth, be sure to give at least 30 days' notice. If it’s an emergency, notify them as soon as possible.

How you take the leave matters

You don’t have to take the full 12 weeks all at once. You might take it intermittently, a few days here and there, depending on the treatment schedule or the situation. For example, someone dealing with cancer treatments in Long Beach might need flexible leave days rather than one long stretch.

During FMLA leave, your employer must continue your health insurance coverage, just as if you were still working.

You have the right to return

When your leave ends, you have the right to return to the same job or a substantially similar one. Your employer cannot punish you for taking time off under the FMLA, and that’s protected under California employment law.

But still, it’s crucial to have legal protection in place. At Peaceful Warrior Law, we help individuals and families across San Diego County, including Oceanside, La Jolla, Chula Vista, Vista, and Encinitas, understand their rights and put a legal plan in place for both short-term emergencies and long-term protection.

Why legal planning matters

Legal documents like a healthcare directive, power of attorney, or a Comprehensive Estate Planning Session can be essential when you’re facing a health crisis. If you need time off, who can pay your bills or access your accounts? If you’re caring for someone else, who steps in legally if they can’t make decisions for themselves?

Legal protections like powers of attorney, healthcare directives, and estate plans are essential for employees, business owners, and parents alike, from San Diego to Encinitas to Chula Vista. They aren’t just smart planning tools, they’re critical safeguards for your family and future.