What Federal Law Permits Employees to Take 12 Weeks of Leave to Take Care of Family 

If you’re wondering if you’re eligible for FMLA or CFRA leave, read on! This article will cover the eligibility requirements for each type of leave, as well as the medical certification you’ll need to take advantage of it. You’ll also learn about a new FMLA provision that gives part-time and mixed-tour employees prorated entitlements of up to twelve weeks of unpaid leave.

(Family Law Missoula Attorneys at S. DeBoer Attorney at Law are committed to helping you face your family legal matters with expert legal assistance.)


The FMLA provides employees with up to 12 weeks of paid leave each year. This leave can be used for any qualified reason, including care for a family member who is on active duty or a spouse or child in need of parental care. Employers can retroactively designate leave as FMLA leave if the employee has a qualifying need, and the employer must provide adequate notice to its employees. 

Under FMLA regulations, employers must notify employees of their eligibility and the terms and conditions of the leave. Typically, employers must provide this notice to their employees within five business days, but there are exceptions for extenuating circumstances. FMLA leave must be preceded by a designation notice that states that paid leave will replace unpaid FMLA leave. Employers may require fitness-for-duty certification from the employee before allowing FMLA leave. 

California Family Rights Act (CFRA) 

The California Family Rights Act (CFRA) grants eligible employees up to 12 weeks of unpaid leave to care for their families. The CFRA has a few requirements, though: employers with 50 or more employees must adopt new policies and train supervisors. Public employers of any size must review their current policies to make sure they comply with the new law. If you have any questions, contact legal counsel. 

Under the CFRA, employees may take 12 weeks of unpaid leave to care for a newborn. Pregnancy disability leave is another option. This type of leave allows pregnant women to bond with their new babies while off work. However, CFRA leaves do not apply to voluntary treatments. This means that employers must consider the health condition and severity of the pregnancy before approving. 

Medical certification required for FMLA leave 

Under the FMLA, an employee must provide a medical certification to his or her employer before he or she can take leave. This certification should be obtained as early as possible. The employee must meet a 15-day deadline from the date of the request. If an employee misses this deadline due to health reasons, the employer cannot deny him or her FMLA leave. However, the employee may be required to submit a medical certification every 30 days. 

If the employee is not able to complete the form, the employer may request more medical information from his or her provider. While the FMLA does not require employers to obtain this information, employers are allowed to request the certification of a medical professional if an employee is unable to complete the form. If an employee is unable to complete the certification form due to health reasons, the employer is allowed to request the certification of a physician. An employee must also provide a full medical history to demonstrate that they are eligible for FMLA leave. 

Part-time and mixed tour employees have prorated entitlement equal to 12 times their average number of hours in their regularly scheduled administrative workweek 

For both part-time and mixed-tour employees, the amount of time paid to them for annual leave is based on the hours they normally work. However, they cannot receive double credit for the days they are off. They are entitled to an hour of paid leave for every 20 hours of work they are scheduled to work during the pay period. 

For a qualifying health condition, the FMLA also covers the time taken off to care for a covered family member. Among these are serious illnesses such as cancer and heart attacks. Additionally, it covers the general care of a family member, even if this care is not required to help others. Additionally, employees may take FMLA for the care of a family member, including their child or a family member with a serious health condition.