We all need time away from work. Maybe it’s to welcome a new baby, to care for a sick parent in Newport Beach, or to recover from an illness while working in Irvine’s bustling tech industry. When these life events happen, the last thing you should worry about is losing your job. But for many people, the fear is real. Will my boss be upset? Will I be replaced? Do I have a right to come back at all?
The good news is that in California, you have a lot more protection than you might think. Our state has some of the most generous leave laws in the country, but they can be complex and difficult to follow. That’s where we come in. At WorkRight Law, we help people get the time off they need without risking their career. We are here to help you get a handle on your rights and protect you if your employer tries to violate them.
This page will break down your leave of absence rights in a way that is clear and easy to understand. We will walk you through the most common types of leave and explain what is required of your employer.
What Is a Protected Leave of Absence?
A protected leave of absence is simply a period of time off work that your employer is legally obligated to give you. It is called “protected” because your employer cannot fire you, demote you, or retaliate against you for taking the leave. When you return to work, your employer must reinstate you to your same or a comparable position.
California has a variety of laws that provide for protected leaves of absence. Some of these leaves are paid, while others are unpaid. Your eligibility for these leaves depends on factors like the size of your employer, how long you have worked there, and the reason for your time off.
What are the main types of leaves of absence in California?
California provides several different types of protected leaves. It is important to know which one applies to your situation because each has different rules and eligibility requirements. Let’s walk through the most common ones.
The California Family Rights Act (CFRA)
The CFRA is a state law that provides eligible employees with job-protected leave for family and medical reasons. It is one of the most important leave laws in the state.
Who is Eligible?
To be eligible for CFRA leave, you must work for an employer with at least five employees. You also must have worked for that employer for at least 12 months and have worked at least 1,250 hours in the 12 months before your leave begins.
How Much Leave Can I Take?
The CFRA provides up to 12 weeks of unpaid, job-protected leave in a 12-month period.
What Are the Reasons for CFRA Leave?
You can take CFRA leave for a number of reasons, including:
- For your own serious health condition that makes you unable to do your job
- To care for a family member with a serious health condition
- To bond with a new child (by birth, adoption, or foster placement)
- For a qualifying event because of a family member’s military service
It is important to know that CFRA’s definition of “family member” is very broad. It includes a child, spouse, parent, grandparent, grandchild, and sibling. It also includes a “designated person” who is anyone you have a blood or family-like relationship with.
Pregnancy Disability Leave (PDL)
Pregnancy Disability Leave is a California law that protects employees who are disabled by pregnancy, childbirth, or a related medical condition. This leave is entirely separate from CFRA.
Who is Eligible?
Any employee of an employer with five or more employees is eligible for PDL. There are no hour or length of employment requirements.
How Much Leave Can I Take?
You can take up to four months of unpaid, job-protected leave per pregnancy. You can take this leave for any time you are physically or mentally unable to work because of a pregnancy-related condition, including severe morning sickness, doctor-ordered bed rest, childbirth, and recovery.
A significant benefit of PDL is that it does not run at the same time as CFRA leave. This means that if you are a new parent, you may be able to take up to four months of PDL for the disability of pregnancy and then take another 12 weeks of CFRA to bond with your new baby. If you are also eligible for FMLA leave, your PDL will run at the same time as your FMLA leave. This allows for a total of nearly seven months of protected leave in many cases.
Paid Family Leave (PFL)
California’s Paid Family Leave program provides partial wage replacement for employees who need to take time off to care for a new child or a seriously ill family member. PFL provides money, but it does not provide job protection. That job protection comes from laws like CFRA and PDL.
Who is Eligible?
If you have worked in California and paid into the State Disability Insurance (SDI) program, you are likely eligible for PFL. It is a mandatory deduction from your paycheck and is listed as “CASDI” on your pay stubs.
How Much Can I Receive?
The PFL program provides up to eight weeks of benefits. The payments are a percentage of your regular wages, and the total amount you receive depends on your income.
California Paid Sick Leave (Kin Care)
The California Paid Sick Leave law requires all employers to provide paid sick leave to employees. It also has a “kin care” provision that allows you to use your sick leave to care for a family member.
- Paid Sick Leave: All employees who work for a single employer for at least 30 days within a year are entitled to at least five days or 40 hours of paid sick leave per year.
- Kin Care: The law that spells out these protections is found in California Labor Code section 233. It says that you can use at least half of your accrued sick leave to care for a seriously ill family member. An employer cannot punish you for taking this time.
How Do I Request a Leave of Absence?
Even though you are entitled to a protected leave, you must follow the correct procedures. This is a common area where employers will try to deny a valid leave request.
- Notify your employer as soon as possible. The law generally requires you to provide at least 30 days’ notice if the leave is foreseeable. If it is an emergency, you must notify your employer as soon as you can.
- State the reason for your leave. You must clearly state that the leave is for a protected reason, such as your own serious health condition or the need to care for a family member.
- Provide medical certification. Your employer can ask for a doctor’s note to confirm your need for leave. The note must verify the serious health condition and provide an estimated duration for the leave. Your employer cannot require you to provide a diagnosis.
Can My Employer Fire Me While I’m on Leave?
It is illegal for your employer to fire you for taking a protected leave. The law prohibits any form of retaliation against you for exercising your right to take time off. When you return to work, your employer must reinstate you to the same position you had before your leave. If that position is not available, they must place you in a comparable position with the same pay and benefits.
There are, however, a few rare exceptions where your employer may be able to fire you while on leave:
- Your position was eliminated for legitimate business reasons. This means your employer must show that they would have eliminated your position even if you were not on leave. This usually happens during a company-wide layoff.
- You were not eligible for a protected leave. If you do not meet the legal requirements for a protected leave, your employer may not be required to hold your job for you.
- You engaged in misconduct. Your employer can still fire you for a legitimate, non-discriminatory reason.
If your employer fires you while you are on a protected leave, it is a strong indication of an unlawful act.
I Was Fired After Taking a Leave. What Can I Do?
If you were fired, demoted, or faced retaliation after taking a protected leave, you may be able to file a claim. You can bring a complaint with the California Civil Rights Department (CRD) or file a lawsuit against your employer. You can seek compensation for lost wages, emotional distress, and other damages.
It is important to act quickly because these claims are subject to strict time limits. You have three years from the date of the last harmful act to file a complaint with the CRD. After you receive a “Right-to-Sue” letter from the CRD, you have one year to file a lawsuit in court.
What is the Difference between CFRA and FMLA?
The CFRA is a state law, and the FMLA (Family and Medical Leave Act) is a federal law. They both provide up to 12 weeks of job-protected leave for similar reasons. However, there are some key differences.
- Employer Size: FMLA applies to employers with 50 or more employees. CFRA applies to employers with as few as five employees. This is a very significant difference that makes many more California workers eligible for protected leave.
- Family Members: The FMLA’s definition of “family member” is narrower than the CFRA’s. The CFRA includes grandparents, grandchildren, siblings, and domestic partners.
- Pregnancy: The FMLA does consider pregnancy a serious health condition for leave purposes, and it allows for 12 weeks of leave for a pregnancy-related disability. The CFRA, however, does not provide leave for pregnancy. This means that in California, you can take up to four months of PDL for a pregnancy-related disability and then another 12 weeks of CFRA leave to bond with a new baby. This is one of the biggest benefits of California’s law.
Key Takeaways
- California law provides protected leaves of absence that prevent employers from firing or retaliating against you for taking time off.
- The California Family Rights Act (CFRA) provides up to 12 weeks of leave for medical or family reasons, including caring for a wide range of family members.
- Pregnancy Disability Leave (PDL) provides up to four months of protected leave for pregnancy-related disabilities and can be used in addition to CFRA leave.
- Paid Family Leave (PFL) provides wage replacement but does not provide job protection.
- You must follow proper notice and certification procedures to get a protected leave.
- Employers cannot retaliate against you for taking a protected leave.
Frequently Asked Questions
Can my employer force me to use my vacation time for a protected leave?
Generally, yes. Your employer can require you to use your accrued vacation time, but not your paid sick leave, during a CFRA or FMLA leave.
Does my employer have to pay me while I’m on leave?
No, most leaves are unpaid. However, you can use your accrued paid time off or apply for State Disability Insurance (SDI) or Paid Family Leave (PFL) benefits to get partial pay during your time off.
I have a temporary medical condition. Am I entitled to leave?
Yes. The CFRA covers temporary and chronic serious health conditions. An employee with a serious health condition is entitled to leave if the condition requires continuing treatment by a healthcare provider.
Does my employer have to continue paying for my health insurance?
Yes. If you are on a protected leave, your employer must continue to pay for your group health insurance under the same terms as if you were still working.
Contact WorkRight Law
Taking a leave of absence can be a difficult decision, but you should never have to choose between your health and your career. We are here to stand with you and fight for your rights.
If you believe your employer has denied you a protected leave or fired you for taking time off, do not wait. Your claim has a time limit, and every day you wait is another day you go without the justice you deserve.
We will provide you with a confidential and no-cost case review. We will listen to your story, explain your rights, and help you determine the best path forward.
Do not wait any longer. Your future is worth fighting for.
