How to Get Medical Leave From Work: A Step-by-Step Guide for California Employees

Find out how California employees can request medical leave under FMLA, including eligibility, paperwork, and rights. Follow these step-by-step guidelines to ensure compliance with California’s medical leave policies and safeguard your job benefits.

By Brad Nakase, Attorney

Email  |  Call (888) 600-8654

Have a quick question? I answered nearly 1500 FAQs.

Table of Contents
1. What are the steps to take medical leave from work?

What are the steps to take medical leave from work?

You can be qualified for FMLA benefits in California if you’re an employee and require time off due to a major health issue or the care of a family member who has a serious health condition. To request FMLA leave in California, follow these steps.

1. Find Out If You Qualify for Family and Medical Leave Act (FMLA) in California

Verify your eligibility for FMLA leave before submitting a request. You need to have put in at least 1,250 hours of work for your company in the twelve months leading up to your leave request in order to qualify. In addition, there needs to be a minimum of fifty individuals working for your employer within a 75-mile radius.

2. Provide Prior Notice

It is imperative that you provide your employer with ample notice when requesting FMLA leave. Give your employer 30 days’ notice if you anticipate needing time off. Notify your employer immediately if your leave of absence is unexpected.

3. Get the right paperwork

The FMLA leave request form could be different for each company. Get in touch with your company’s HR department to get the necessary paperwork. There are FMLA forms available from the Department of Labor that you can use if the ones your employer provides aren’t enough.

4. Complete the paperwork

Make sure you give full and correct information regarding your leave request when filling out the FMLA paperwork. Be sure to mention any important information, such as your or a family member’s health condition, the anticipated length of your leave from work, and anything else that may be relevant.

5. Send in your paperwork

Send the completed paperwork to the HR department at your place of employment. For your personal records, please keep a duplicate of the forms.

6. Check in

Contact your employer again after you’ve submitted your FMLA request to check on its status. You can expect to hear back from your boss about the status of your request (accepted or denied) within five working days.

7. Know what your rights and duties are

Before you take Family and Medical Leave Act (FMLA) leave, be sure you know your rights and what you need to do. Employees who qualify can take up to twelve weeks of unpaid leave in a twelve-month period to deal with a significant health issue, care for a family member who is really ill, or to give birth or adopt a child, according to California law. You may be required to get medical certification from a healthcare practitioner in order to take FMLA leave for your personal health condition.

Employers are required to keep you covered by health insurance even when you’re out on FMLA leave, and you can expect to go back to the same or a similar job when you get back. The Family and Medical Leave Act does not mandate that your company pay you while you are on leave.

8. Stay in touch

Maintain open lines of communication with your employer regarding your FMLA leave status and plans to return to work. If your anticipated return date changes, or if any information regarding your health or caregiving duties becomes available, you must inform your employer without delay.

9. Go back to your job

Upon completion of your FMLA absence, you are entitled to return to your previous or comparable position. Additional leave may be available to you under the Americans with Disabilities Act (ADA) or California’s Fair Employment and Housing Act (FEHA) if your health prevents you from returning to work.

Following these steps and being aware of your rights and obligations will make requesting FMLA leave in California a breeze. Stay in touch with your employer at all times and know what to do if you can’t go back to work when your leave ends. In this way, you may safeguard your employment and benefits while still taking care of yourself or your loved ones when the time comes.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

Can Managers Receive Tips in California? No.

Can Managers Receive Tips in California? No. Under California law, a manager cannot take any part of a tip that's left for an employee. This means that you can't be forced to share your tips with the manager, supervisor, or owner of the business.  In California, when an employer or another supervisor or manager takes an employee's tips, it is considered a wage and hour violation.

Can Managers Take Tips In California?

No, in California, it is strictly prohibited for your manager to take tips that are intended for employees. California labor laws clearly state that tips are the sole property of the employees to whom they are given, and managers, supervisors, or employers cannot collect, share, or deduct any portion of these gratuities.

Lawyer Answers FAQ: California Lunch Break Law and Meal Break Law

Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. As a general rule, and insofar as practicable, the rest break must be in the middle of each four-hour work period.

When did tips become taxable?

Tips became taxable in 1965 when legislation extending Social Security coverage to tips (for both taxation and the calculation of retirement benefits), required a tipped employee to report monthly all such tips received in one or more written statements furnished to his employer.
Is Job Abandonment Considered a Resignation in California

Is Job Abandonment Considered a Resignation in California?

Job abandonment in California is viewed as voluntary resignation when employees fail to notify their employer after extended absences. Employers should implement clear policies, address legitimate exceptions, and follow labor laws to manage job abandonment appropriately

California Lunch Break Law [2025]

This article answers common questions, such as "How many hours do you have to work to get a lunch break?" and "Can I work 6 hours without a lunch break in California?" Under California law, employees must be provided with no less than a thirty-minute lunch break when the work period is more than five hours. In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a lunch break.
Overtime - Understanding California’s laws and employee rights

Overtime: Understanding California’s laws and employee rights

California's overtime laws require non-exempt employees to receive extra pay for working over 8 hours a day or 40 hours a week. Employees must be compensated at 1.5 times their regular rate for hours beyond these limits and double pay for excessive hours on the 7th consecutive workday.

Why would someone ask for their personnel file?

Employees who believe they have been fired as a result of unlawful discrimination, retaliation, or harassment will often request their personnel file. Those files may contain information that helps you prove discrimination, harassment, or other civil rights violations.

Can You Refuse to Work If You Haven’t Been Paid?

Legally, you may have the right to refuse work if your employer hasn't paid you because it is constructive termination and wage theft by the employer. If your employer hasn't paid you, should should review your contract before not working.

What Happens If I Don’t Get Paid on Payday?

If you don't get paid on payday, contact an employment attorney immediately and ask for help getting the wages owed to you. Alternatively, if the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department. 

How long can an employer not pay you?

Your employer must pay you on pay day if you did not resign or fired from your job. If you're fired from your job, you must be paid the same day. If you quit your job, you must be paid within 3 days. 

Do You Get Paid for Training? 

In California, employees are generally entitled to be paid for training as long as its job-related and mandated by the employer.

Is Unpaid Training Legal in California?

Yes, unpaid training is illegal in California. California employers must pay for mandatory training. Employees not paid for meetings or job training can sue for unpaid training.

Is It Illegal To Not Pay Overtime?

Yes, it is illegal for employer to not pay overtime. Overtime pay is 1.5 times an employee's regular rate of pay. Not all employees are eligible for overtime.
Is It Illegal to Work Seven Days a Week

Is It Illegal to Work Seven Days a Week?

Working seven days a week varies by state, with California laws addressing rest days and overtime pay rules. Employers must ensure compliance with labor laws to guarantee proper compensation and protect employee wellbeing.
How Many Hours per Week Is Considered Full Time

How Many Hours per Week Is Considered Full Time?

Find out what constitutes full-time employment, typical workweek lengths, and the benefits of full-time jobs, including health insurance and PTO. Learn how employers define full-time hours, overtime rules, and requirements for family leave under FMLA.

How To Report A Company Paying Employees Under The Table

If you are an employee being paid under the table, you can make a whistleblower report by contacting attorney Brad Nakase. Attorney Nakase does not charge an upfront fee and works on a contingency basis, collecting a percentage of the recovery. This ensures you can pursue your claim without financial barriers.

Contact our attorney.

Please tell us your story:

1 + 1 = ?

74