FMLA Only - Caring for a Servicemember

Use the leave interaction information and timeline below to help determine the relationships among the various state-mandated leaves of absence and benefits during time off. The types of leave and benefits include:

• CFRA - California Family Rights Act
• FMLA - Family and Medical Leave Act
• PDL - Pregnancy Disability Leave
• PFL- Paid Family Leave
• SDI - State Disability Insurance

FMLA covered employers include those with 50 or more employees. Eligible employees must meet all of the following:

• Have worked for you for 12 months; and
• Have worked for you for 1,250 hours in the 12 months prior to the need for the leave; and
• Work at a location with 50 or more employees in a 75-mile radius

FMLA indicates a special leave entitlement that permits eligible employees a total of 26 workweeks of leave during a single 12-month period to care for a covered servicemember. A covered servicemember is either:

• A current member of the Armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or
• A veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*

*The FMLA definitions of “serious injury or illness” for current servicemembers and veterans are distinct from the FMLA definition of “serious health condition.”

Those entitled to this leave include the spouse, son, daughter, parent, or next of kin of a covered servicemember, as defined above.

This leave does not exist under California law, so when this leave is exhausted, an employee may still have CFRA time available for a covered reason. Note - not shown in chart above: CFRA may run concurrently with FMLA for up to 12 weeks if the employee is caring for a family member covered by CFRA.

The employee may be eligible for up to eight weeks of PFL benefits if the injured service member is the spouse, parent or child of the employee. Keep in mind that there is typically a 7-day waiting period for PFL benefits to begin. (PFL is also available for other absences not covered by FMLA/CFRA.)