The state of California offers benefits and protections that allow workers to take time off for various reasons without jeopardizing their employment. However, following these leave of absence laws can be complicated for employers and employees.
From family and medical leave to personal and military absences, California’s regulations cover multiple scenarios. Understanding these laws is essential to maintaining corporate compliance, supporting employee well-being, and fostering a healthy and inclusive work environment.
In this article, we’ll discuss the different types of leave available in California, eligibility criteria, employer obligations, and how Mosey can help you manage leave policies effectively.
What Types of Leave Are Available in California?
California law provides various leave options to accommodate diverse needs. These options ensure workers can address personal, family, and medical situations without facing financial instability or losing their jobs.
Family and Medical Leave
The California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA) play key roles in providing employees with the right to take unpaid, job-protected leave for family and medical reasons.
Eligible employees can take up to 12 weeks of leave within a 12-month period to care for a new child, a seriously ill family member, or their own serious health condition.
Additionally, the New Parent Leave Act (NPLA) allows employees to take leave for a child’s birth, adoption, or foster care placement. These laws ensure employees can balance their work responsibilities with their personal and family lives, promoting a healthier and more supportive work culture.
Paid Sick Leave
California law also requires employers to provide paid sick leave to employees who work at least 30 days a year. Employees earn a minimum of one hour for every 30 hours worked, and employers can offer a lump sum.
This leave can be used for an employee’s own illness, preventive care, medical appointments, or to care for a family member. Employers must allow at least 24 hours (three working days) of sick leave per year, though local laws may require more.
Paid Family Leave
Paid Family Leave (PFL) provides partial wage replacement (up to eight weeks) for time off to care for a sick family member or bond with a new child. This program is funded through payroll deductions under the State Disability Insurance (SDI) program and does not provide job protection — only financial support.
PFL covers biological, adopted, and foster children, as well as spouses, parents, grandparents, siblings, and in-laws. Employees must file a claim with the Employment Development Department (EDD) to receive benefits, and employers cannot force workers to use other paid leave (such as PTO) before accessing PFL.
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Pregnancy Disability Leave
Pregnancy Disability Leave (PDL) is a specific provision under California law that allows employees to take time off due to pregnancy, childbirth, or related medical conditions. Eligible employees can take up to four months of leave, which can be taken before or after the birth of a child.
This leave is separate from other types, such as CFRA or FMLA, providing additional protection for pregnant employees. PDL ensures expectant mothers receive the necessary time to recover and care for their newborns without the risk of losing their jobs.
Employers are required to provide PDL to eligible employees, maintaining their health benefits during the leave period. Additionally, employers must reinstate the employee to the same or a comparable position upon their return.
Domestic Violence, Sexual Assault, and Stalking Leave
Employees who are victims of domestic violence, sexual assault, or stalking may take unpaid leave to:
- Seek medical attention or counseling
- Obtain a restraining order or participate in legal proceedings
- Find safe housing or obtain victim services
Employers with 25 or more employees must provide this leave. Smaller employers, on the other hand, need only allow time off for court appearances.
State Disability Insurance
California’s State Disability Insurance (SDI) program provides partial wage replacement for employees who are unable to work due to a non-work-related injury, illness, or pregnancy-related disability.
To be eligible, an employee must have paid into the SDI fund through payroll deductions and meet the earnings requirements. Depending on the medical condition, these benefits can last up to 52 weeks.
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Paid Time Off (PTO) / Vacation Leave
California law does not require employers to provide paid vacation or PTO, but many companies offer it voluntarily. However, once it’s earned, PTO is considered a part of employee wages, meaning employers cannot revoke accrued vacation or enforce a “use-it-or-lose-it” policy.
Employers can set rules on how vacation is earned and when it can be used, but they must compensate employees for any unused vacation time upon separation. Local laws and union agreements may impose additional requirements.
Bereavement Leave
Employers with five or more employees must provide up to five days of unpaid bereavement leave upon the death of an immediate family member. Employees must take this leave within three months of the family member’s passing, though it does not need to be consecutive.
Employers may require documentation, like a death certificate or an obituary. If employees prefer paid time off, they can use vacation, PTO, or sick leave. Employers can provide paid bereavement leave as part of their benefits package.
Jury Duty and Witness Leave
California employers must allow employees to take unpaid leave for jury duty or court appearances. Employees must provide their employer with reasonable notice and may need to show proof of jury service.
Employers cannot retaliate or terminate an employee for fulfilling their civic duty. Some employers voluntarily offer paid jury duty leave, though it’s not required by California law. Employees may also choose to use their PTO if they wish to receive pay during their absence.
Military Leave
Under California law and the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employees who serve in the military, reserves, or National Guard are entitled to unpaid job-protected leave. They must be allowed to return to their job after service as long as they provide advance notice.
California provides up to 17 days of unpaid military leave per year for state employees. Additionally, some companies voluntarily provide differential pay to supplement military wages during deployment.
Voting Leave
California law allows employees to take up to two hours of paid leave to vote if they do not have sufficient time outside their work schedule. Employees must notify their employer at least two working days in advance if they need time off to vote.
Employers can require the voting leave to be taken at the beginning or end of a shift. This law ensures workers can participate in elections without suffering financial losses. Employers are also required to post voting rights notices in the workplace ahead of statewide elections.
School Activities and Parental Leave
Employers with 25 or more employees must allow up to 40 hours per year (maximum of eight hours per month) for parents to participate in their child’s school or daycare activities. Eligible employees include biological, adoptive, and foster parents, along with stepparents, legal guardians, and grandparents.
Employees must provide reasonable notice and may be required to use vacation or PTO for paid leave. Employers cannot retaliate against employees for taking this leave, ensuring working parents are involved in their children’s education.
What Are Some Best Practices for Leave of Absence Compliance in California?
Employers in California should establish clear and detailed leave policies that align with both federal and state regulations. That way, employees are informed of their rights and responsibilities under the law.
California employers should also maintain consistent documentation regarding employees on leave and remain in communication with them, offering support while respecting their privacy to prevent issues later on.
Mandating regular training for HR management can also help prevent disputes and ensure employees are treated fairly. Additionally, integrating leave of absence policies with payroll and benefits administration can help ensure accurate wage replacement for paid leaves like SDI or PFL.
Manage Leave Laws With Mosey
At Mosey, we understand the challenges of understanding and implementing policies to abide by California leave laws. That’s why our compliance platform is designed to help take the work off your plate for HR tasks, automating how you manage various types of leave.
In particular, our Employee Handbooks tool can help you clearly define and communicate your leave policies. When laws change, you can automatically refresh your policies with one-click updates and publish the edits to notify your workers through our user-friendly employee portal.
Ready to simplify leave management? Book a demo with Mosey today.
