California Leave of Absence Rights

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) allow eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons.

These can include your own serious health condition, caring for a family member with a serious health condition, or bonding with a new child. California’s CFRA often extends these protections to more employees and situations than the federal FMLA.

Beyond FMLA/CFRA, California’s New Parent Leave Act (NPLA) provides job-protected bonding leave for employees at smaller companies. This ensures that more new parents have the opportunity to take time off to care for a new child without risking their jobs.

Under California’s Healthy Workplaces, Healthy Families Act, nearly all employees are entitled to accrue and use paid sick leave. You can use this time for your own illness, to care for a sick family member, or for preventive care. Medical condition leave is the long-term version of this type of leave.

While not legally required, most employers offer paid vacation time as a benefit. In California, earned vacation time is considered a form of wages that cannot be forfeited. If you leave your job, your employer must pay out any unused, accrued vacation time.

California law requires employers to provide eligible employees with up to five days of unpaid bereavement leave upon the death of a family member. Some employers may offer paid leave as part of their company policy.

Both federal and state laws provide robust job protections for service members. If you need time off for military service, you have the right to return to your job with the same seniority, status, and pay.

Employers cannot punish or fire an employee for taking time off to serve on a jury. While employers are not required to pay you for this time, you cannot be penalized for fulfilling your civic duty.

California law provides employees with up to two hours of paid time off at the beginning or end of their shift to vote in statewide elections if they do not have sufficient time to vote outside of working hours. Employees must give their employer at least 2 working days’ notice in advance of this type of leave.

Employers must provide reasonable accommodations for an employee’s religious beliefs and practices, which can include unpaid time off for religious holidays or observances, as long as it does not cause an undue hardship on the business.

There are two types of disability injury leave: temporary disability and long-term disability. If you have been injured and require time off to recover, this can take the form of temporary disability leave that lasts for a short time or a long-term disability leave that will last several months or longer.