How To Apply for FMLA in California?

By Natalia D. Asbill-Bearor

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FMLA and CFRA Violations

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Last Modified on Jan 12, 2026

Whether you are battling an illness, caring for a loved one, experiencing a difficult pregnancy, or bonding with your new child, you may be wondering how you can secure time away from work without jeopardizing your job. Have you wondered how to apply for FMLA in California? The steps are not difficult, but making mistakes can delay the process or result in a denial.

Hire an FMLA Lawyer

The Family and Medical Leave Act (FMLA) is beneficial when going through a difficult illness or a life-changing family event. If your employer has denied your request or the process becomes difficult, you can hire an FMLA lawyer at Asbill Law Group to help ensure your leave is properly requested.

FMLA Usage in the United States

Research conducted by the National Partnership for Women & Families has examined the use of FMLA benefits. During 2024, FMLA benefits were used by more than 15 million employees throughout the United States. Of those employees:

• 52% experienced a serious health condition
• 27% cared for a sick family member
• 21% used the time to bond with a newborn, adopted, or fostered child
• 40% of leaves taken lasted two weeks or less
• 75% of leaves taken lasted eight weeks or less
• 44% of workers are not eligible for FMLA leave

Applying for FMLA in California

Everyone has responsibilities outside of the role they fill at their place of employment. When familial duties or a serious illness necessitate the need for time away from work, FMLA benefits give you the ability to take the time you need without the risk of losing your job or health insurance.

Applying for FMLA leave should not be difficult. If your employer makes the process challenging or you experience retaliation after taking leave, a California FMLA attorney can help protect your rights and interests. There are five steps to requesting FMLA leave:

1. Before requesting FMLA leave, confirm that you’re eligible for FMLA benefits and that the circumstances of your leave are covered by FMLA. You also need to know your rights and responsibilities when using FMLA.
2. If your required FMLA leave is for a foreseeable circumstance, give your employer as much time as possible to arrange your leave. If your need for FMLA leave is sudden, notify your employer as soon as possible.
3. When notifying your employer of your need for FMLA leave, request the appropriate FMLA leave forms from your supervisor or your company’s human resources department. You can also use official FMLA forms provided by the U.S. Department of Labor.
4. The FMLA forms need to be completed fully and accurately to prevent delays. If requesting leave for a medical condition, your healthcare provider is required to submit documentation of the condition.
5. Once the forms have been completed, return them to your supervisor or human resources department. You may need to provide additional information or clarification before the request can be fully processed.

After this, wait for a response. If you are experiencing issues as a result of your request, consider speaking with an attorney for a potential claim.

FAQs

When Can FMLA Leave Be Used in California?

FMLA leave can be used in California for several reasons. Qualifying reasons include difficulties during pregnancy, during labor, and at any point within the first 12 months after birth for bonding. It can also be used within the first 12 months of adopting or fostering a child.

FMLA leave can also be used when the employee is experiencing a serious health condition or when caring for a spouse, child, or parent who is experiencing a serious health condition.

How Do I Qualify for FMLA in California?

To qualify for FMLA in California, you have to work for a qualified employer and meet eligibility requirements. Qualified employers are all public agencies and private sector employers with 50 or more employees within a 75-mile radius.

To be eligible, employees must have worked for a qualified employer for at least 12 months within the past seven years and have worked at least 1,250 hours during the preceding 12-month period.

Can My FMLA Request Be Denied?

Yes, there are situations in which FMLA leave can be denied. Before you can use FMLA leave, you have to work for a qualified employer, and you have to meet eligibility requirements. If your employer does not qualify for FMLA coverage or you do not meet the eligibility requirements, your request can be denied.

If the FMLA paperwork is submitted incompletely or improperly filled out, or if you fail to provide any requested documents, your request can be denied.

How Far in Advance Do You Have to Apply for FMLA in California?

When you apply for FMLA leave in California, you are required to do so 30 days in advance if the leave is foreseeable. If it is not possible to provide 30 days, you are required to notify your employer as soon as you know you require FMLA leave, usually the same or the next day.

If the leave is unforeseeable, the employee is required to notify their employer of their need for leave as soon as possible.

Is My Employer Required to Pay Me While I Am on FMLA Leave in California?

No, FMLA guaranteed leave is unpaid. Some employers require employees to use their accrued sick or personal leave when taking FMLA leave. If your employer does not require you to use accrued sick or personal leave, you can choose to do so while on FMLA leave.

If you are required, or choose, to use sick or personal leave while on FMLA leave, you are also required to abide by any rules your employer would normally place on sick or personal leave use.

Contact Asbill Law Group

If you need help applying for FMLA leave or if you are facing discrimination or retaliation for using FMLA leave, you need a legal team you can trust. With over a decade of experience in employment law, our team has the experience necessary to help you navigate complex labor laws. Contact Asbill Law Group today to schedule your initial consultation.