Family and Medical Leave Act
It is the policy of Department of General Services to adhere to the Family Medical Leave Act (FMLA) in accordance with Federal law, which is administered by the U.S. Department of Labor (DOL) and the California Family Rights Act (CFRA), which is administered by the Department of Fair Employment and Housing.
BASIC LEAVE ENTITLEMENT
The FMLA/CFRA entitles eligible employees up to twelve (12) workweeks of unpaid, job-protected leave each calendar year (January 1st – December 31st) for specified family and medical reasons. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 workweeks of leave to care for a covered serviceman during a 12 month period.
Employees are eligible if they have worked for at least one year and for 1,250 hours over the previous 12 months with the same employer (State of California).
DGS must grant unpaid leave to an eligible employee for one or more of the following reasons:
- For the care of the employee’s child (birth, placement for adoptions, or foster care);
- For incapacity due to pregnancy, prenatal medical care or child birth;
- For the care of the employee’s spouse, son or daughter, or parent, who has a serious health condition;
- For a serious health condition that makes the employee unable to perform his/her job;
- For qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter or parent (the covered military member) is on active duty or has been notified of an impending call or order to active duty in support of a contingency operation.
View the FMLA/CFRA Policy and Procedures and Decision Tree in the Resources section for additional information.
Responsible Control Agencies
- California Department of Human Resources
- Department of Labor
- Department of Fair Employment and Housing
Laws and Regulations
- Code of Federal Regulation 29
- Government Code section 12945.2
Other Resource Materials
- FMLA/CFRA Policy and Procedures
- FMLA/CFRA Decision Tree
- Family Medical Leave Eligibility Request (DGS OHR 33)
Department of General Services
Office of Human Resources
West Sacramento, CA 95605
Email: DGS OHR-FMLA/CFRA/PDL Unit@dgs.ca.gov