Legal Question in Medical Leave in California
FMLA - Domestic Partner
We're in the State of California....domestic partner and/or same sex married (Calif)....would an employee be eligible for Family Medical Leave Act to care for an ill domestic partner? I have stated they would not as the Family Medical Leave Act is a federal act and domestic partners and same sex marriages are approved at the state level. Thank you.
1 Answer from Attorneys
Re: FMLA - Domestic Partner
California has paid family leave for domestic partners. See Unemployment Insurance Code sections 3301 et seq: "(a)(1) The purpose of this chapter is to establish, within the state disability insurance program, a family temporary disability insurance program. Family temporary disability insurance shall provide up to six weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption."
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