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Leave Laws

California Leave Laws: The Nation’s Strongest Worker Protections

California offers the most comprehensive employee leave protections in the United States. If you work in California, you have access to more leave types, longer leave durations, and better wage replacement than workers in any other state.

This guide explains all California leave laws, how they compare to federal protections, and how to use them to protect your job and income.

Why California Leave Laws Are Different

Most states follow federal leave laws. California goes much further.

The federal Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid leave. But it only covers large employers with 50+ employees.

California’s laws cover smaller employers, provide paid leave, and offer more reasons to take time off. Many California workers can take up to 7 months of protected leave by stacking different leave types.

CFRA vs FMLA: How California Improves Federal Law

California Family Rights Act (CFRA) is California’s version of FMLA. But CFRA provides stronger protections.

Feature Federal FMLA California CFRA
Employer Size 50+ employees 5+ employees
Employee Eligibility 1,250 hours worked in 12 months 1,250 hours worked in 12 months
Leave Duration 12 weeks per year 12 weeks per year
Paid or Unpaid Unpaid Unpaid (but can combine with PFL)
Family Definition Spouse, parent, child Spouse, parent, child, grandparent, grandchild, sibling
Pregnancy Coverage No (covered under disability) No (separate PDL law)
Same-Sex Partners Yes Yes
Job Protection Same or equivalent position Same or equivalent position

Key Advantage: CFRA covers 10 times more employers than FMLA. If you work for a company with 5-49 employees, you get CFRA protection but not FMLA.

Source: California Department of Fair Employment and Housing

Pregnancy Disability Leave: Separate Protection

California is one of few states with a separate pregnancy disability leave law.

Pregnancy Disability Leave (PDL) gives you up to 4 months (approximately 17.3 weeks) off work for pregnancy, childbirth, or related medical conditions.

Who Qualifies for PDL

You do not need to work a minimum number of hours to qualify for PDL.

What PDL Covers

How PDL and CFRA Stack

This is crucial: PDL is separate from CFRA.

You can take up to 4 months of PDL for pregnancy disability, then take an additional 12 weeks of CFRA for baby bonding. That’s up to 7 months of total protected leave.

Example: Maria develops severe morning sickness at 8 weeks pregnant. She takes 3 months of PDL. After giving birth, she takes 12 weeks of CFRA to bond with her baby. Total leave: 6 months.

Source: California Department of Fair Employment and Housing – Pregnancy Disability Leave

Paid Family Leave: State Wage Replacement

CFRA and PDL are unpaid. But California’s Paid Family Leave (PFL) program provides wage replacement.

Paid Family Leave gives you up to 8 weeks of partial wage replacement through California’s State Disability Insurance (SDI) program.

PFL Payment Rates (2025)

Who Qualifies for PFL

How PFL Works with CFRA

PFL provides money while CFRA provides job protection.

You can use both at the same time. Take 12 weeks of CFRA leave while receiving 8 weeks of PFL payments.

Example: Jose takes 12 weeks of CFRA leave to bond with his adopted daughter. For 8 of those weeks, he receives 70-90% of his wages through PFL (depending on his earnings level – lower earners get up to 90%, higher earners get 70%). The other 4 weeks are unpaid unless he uses vacation or sick time.

Source: California Employment Development Department – Paid Family Leave

Paid Sick Leave: Mandatory for All Employers

Every California employer must provide paid sick leave. No exceptions.

Accrual and Usage

Accrual Method 1: One hour of sick leave for every 30 hours worked

Accrual Method 2: Employer provides at least 24 hours (3 days) upfront each year

Minimum Usable: At least 24 hours per year

Carryover: Unused hours carry over to next year (but employer can cap at 48 hours)

What You Can Use Sick Leave For

Kin Care: Use Sick Leave for Family

California’s “Kin Care” law lets you use sick leave to care for family members:

You must use sick leave for kin care if you request it. Employers cannot require you to use vacation time instead.

Source: California Department of Industrial Relations – Paid Sick Leave

Other California Leave Laws

California provides additional leave types beyond CFRA and sick leave.

Bereavement Leave

California requires employers with 5+ employees to provide up to 5 days of bereavement leave when a family member dies (effective January 1, 2023 under AB 1949).

Who qualifies:

Covered family members:

Leave details:

Job protection: Employer cannot retaliate or deny leave to eligible employees

School Activities Leave

If your child’s school requires parental participation, you can take up to 40 hours per year to:

Applies to: Employers with 25+ employees

Domestic Violence, Sexual Assault, and Stalking Leave

Victims can take time off for:

Job Protection: Employers with 25+ employees must provide job-protected leave

Paid Time: Can use sick leave, vacation, or other paid time

Crime Victim Leave

If you or a family member is a victim of serious or violent crime, you can take time off to:

Organ and Bone Marrow Donor Leave

Organ Donor Leave: Up to 30 business days in one-year period

Bone Marrow Donor Leave: Up to 5 business days in one-year period

Payment: Employer must continue health benefits but not wages (you can use PFL)

Military Family Leave

If your family member receives military deployment orders, you can take time off to:

Duration: Up to 10 days per deployment

Source: California Labor Code Section 230

How California Leave Laws Stack

California’s multiple leave laws can be used together or separately.

Maximum Protected Leave Example

Pregnancy and New Baby:

  1. PDL: 4 months for pregnancy disability
  2. CFRA: 12 weeks for baby bonding
  3. Total: Up to 7 months job-protected leave

With Wage Replacement:

Example: Ana develops pregnancy complications at 20 weeks. She takes 4 months PDL (partially paid through SDI at 70-90% of wages). After birth, she takes 12 weeks CFRA for bonding (8 weeks paid through PFL at 70-90% of wages). Total: 7 months leave with 6 months of partial wage replacement.

Employer Obligations During Leave

When you take protected leave in California, your employer must:

Job Protection

Benefits Continuation

Notice Requirements

For Foreseeable Leave: Give 30 days advance notice when possible

For Unforeseeable Leave: Give notice as soon as practicable (usually within 1-2 days)

Medical Certification: Employer can require doctor’s note confirming need for leave

Retaliation Is Illegal

California law strictly prohibits retaliation for taking leave.

Illegal Actions

Employers cannot:

Strong Penalties

California courts award significant damages for leave retaliation:

Source: California Government Code Section 12945.2

How to Request Leave

Follow these steps to protect your rights:

Step 1: Review Your Employer’s Policy

Check your employee handbook for:

Step 2: Give Proper Notice

In Writing: Email or letter is best (creates paper trail)

Include:

Example Notice:

“I am requesting 12 weeks of CFRA leave starting [date] for the birth and bonding with my child. I plan to return to work on [date]. I would like to use my accrued vacation time during this leave. Please let me know what additional documentation you need.”

Step 3: Provide Medical Certification

If required, get doctor’s note with:

Step 4: Stay in Communication

Step 5: Document Everything

Keep copies of:

What to Do If Leave Is Denied

If your employer denies or interferes with protected leave:

Step 1: Document the Denial

Get denial in writing if possible. If verbal, send email confirming: “This email confirms our conversation on [date] where you stated [denial reason].”

Step 2: Understand Why

Common illegal denial reasons:

Step 3: Submit Internal Complaint

Many employers have HR departments or complaint procedures. Use them.

Step 4: File Government Complaint

For CFRA, PDL, or discrimination:

For wage/hour violations (sick leave):

For PFL issues:

Step 5: Consult Employment Attorney

Many employment attorneys offer free consultations. If you have strong case, they may work on contingency (no fee unless you win).

Find Attorney: California Employment Lawyers Association

Real-World Examples

Example 1: Stacking PDL and CFRA

Situation: Keisha works for tech company with 20 employees. She’s pregnant with complications requiring bed rest.

Leave Used:

Income: SDI during PDL (70-90% wages depending on income level), PFL during CFRA (70-90% wages for 8 weeks depending on income level)

Result: Job protected for entire 7 months. Returns to same position and pay.

Example 2: Caring for Sick Parent

Situation: David’s father has cancer requiring chemotherapy. David works for small business with 8 employees.

Leave Used:

Result: Takes every Friday off for 12 weeks to drive father to treatment. Job protected. Receives 70-90% wages through PFL (depending on his income level).

Example 3: Domestic Violence Leave

Situation: Patricia needs to escape domestic violence. She works retail for company with 30 employees.

Leave Used:

Result: Uses 5 days paid sick leave, 3 days unpaid leave. Job protected. Moves to new apartment safely.

Frequently Asked Questions

Can my employer require me to use vacation time during CFRA leave?

No. California law prohibits employers from requiring you to use vacation or PTO during CFRA leave. You can choose to use it (to continue receiving full pay), but it must be your choice.

Do part-time employees get paid sick leave?

Yes. All California employees, full-time or part-time, accrue paid sick leave. Part-time employees accrue at same rate: 1 hour per 30 hours worked.

Can I take CFRA leave for my grandparent’s illness?

Yes. California CFRA covers grandparents, grandchildren, and siblings. Federal FMLA does not. This is one way California law is broader than federal law.

What if my employer has locations in multiple states?

If you work in California, California law applies to you. It doesn’t matter if company headquarters is in another state. The location where you work determines which state’s laws apply.

Can I extend my leave beyond what the law requires?

Your employer may grant additional unpaid leave as accommodation or company policy. But they’re not legally required to beyond statutory leave periods. If you need more leave due to disability, request it as disability accommodation under ADA/FEHA.

Related Topics

Legal Disclaimer

This article provides general information about California leave laws. It is not legal advice. Employment laws change frequently and every situation is different. If you have specific questions about your rights, consult with a California employment attorney. Government agency deadlines are strict. Don’t delay seeking help if you believe your rights have been violated.

Last Updated: October 29, 2025

Sources: California Department of Fair Employment and Housing, California Employment Development Department, California Department of Industrial Relations, California Labor Code

Call to Action

Know your rights. California’s leave laws exist to protect you during life’s most important moments. Don’t let employers intimidate you into giving up protected leave time.

If your employer has denied leave or retaliated against you for taking leave, document everything and contact an employment attorney immediately. California law provides strong remedies, but deadlines are strict.

You earned this leave. Use it.