Leave Entitlements in California
If you work for a California employer with 5 or more employees, you can take up to 12 weeks of job-protected leave for family or medical reasons—paid or unpaid depending on which program you use (Gov. Code § 12945.2(b)(4)). This is ten times lower than the federal threshold. You may also be eligible for up to 4 months of pregnancy disability leave, state-funded wage replacement, and mandated paid sick leave.
Is my employer required to give me leave?
California’s coverage thresholds are much lower than federal law. The California Family Rights Act (CFRA) applies to employers with 5 or more persons (Gov. Code § 12945.2(b)(4)), compared to federal FMLA’s 50-employee/20-workweek threshold. The state and its political subdivisions are covered regardless of size. For paid sick leave, all employers must comply, with specific exclusions (Lab. Code § 245.5(a)). Employees are eligible after working 30 or more days for the same employer within a year (Lab. Code § 246(a)).
| Leave Type | Employer Threshold | Employee Requirements |
|---|---|---|
| CFRA | 5+ employees | 12 months + 1,250 hours |
| Pregnancy Disability Leave (PDL) | 5+ employees | No tenure or hours requirement |
| Paid sick leave | All employers | 30+ days worked, 90-day waiting period |
| Paid Family Leave (PFL) | SDI-covered employment | No minimum hours for eligibility |
| Bereavement/Reproductive Loss | 5+ employees | 30 days prior employment |
California uses a stricter test to decide who’s an employee: the ABC test (Lab. Code § 2775(b)(1)). A worker is presumed an employee unless the hiring entity proves all three: (A) freedom from control, (B) work outside usual course of business, and (C) independent trade or business. This stricter standard means more workers qualify as employees than under federal law.
Can I take CFRA leave for my own medical condition?
Yes. CFRA provides up to 12 weeks of job-protected leave for your own serious health condition, defined as an illness, injury, or condition involving inpatient care or continuing treatment by a health care provider (Gov. Code § 12945.2(b)(13)). This leave runs concurrently with federal FMLA leave if you are eligible for both.
How long is maternity and bonding leave in California?
California’s leave structure allows stacking multiple entitlements that can far exceed federal limits. A pregnant employee could take:
- PDL: Up to 4 months (defined as 17⅓ weeks) per pregnancy for pregnancy-related disability (Gov. Code § 12945(a)(1))
- CFRA: 12 weeks for bonding after PDL ends
- PFL: Up to 8 weeks of partial wage replacement during bonding, available only during the first year after birth or placement
| Leave Type | Duration | Paid/Unpaid |
|---|---|---|
| CFRA | 12 workweeks | Unpaid (paid substitution permitted) |
| PDL | Up to 4 months | Unpaid |
| Paid sick leave | 40 hours or 5 days per year (as of January 1, 2024) | Paid |
| PFL | Up to 8 weeks within any 12-month period | Paid (wage replacement) |
| Bereavement | Up to 5 days | Unpaid |
| Reproductive loss | Up to 5 days per event (20 max/year) | Unpaid |
CFRA’s 12 workweeks are calculated as 12 of the employee’s normally scheduled workweeks, pro rata for part-time or variable schedules (Cal. Code Regs. Tit. 2, § 11090(c)). Bonding leave must be completed within one year of birth or placement.
What happens to my health insurance while I’m on leave?
During CFRA leave, your employer must maintain your group health plan coverage for up to 12 workweeks at the same level as if you continued working (Gov. Code § 12945.2(e)(1)). During Pregnancy Disability Leave (PDL), your employer must maintain and pay for group health coverage for up to four months over a 12-month period (Gov. Code § 12945(a)(2)(A)).
What can I use leave for?
California offers several distinct types of leave for different purposes.
| Leave Type | What You Can Use It For | Paid or Unpaid |
|---|---|---|
| CFRA | Birth/bonding; care for family member (child, parent, grandparent, grandchild, sibling, spouse, domestic partner, designated person) with serious health condition; employee’s own serious health condition; qualifying military exigency | Unpaid (paid substitution permitted) |
| PDL | Pregnancy, childbirth, or related medical condition disability | Unpaid |
| Paid Family Leave (PFL) | Bonding with new child; caring for seriously ill family member; military deployment assistance | Paid (wage replacement) |
| Paid Sick Leave | Employee’s or family member’s diagnosis, care, treatment, or preventive care; jury duty; victims of violence (for employers with 25+ employees) | Paid |
| Bereavement | Death of covered family member | Unpaid |
| Reproductive Loss | Failed adoption, surrogacy, miscarriage, stillbirth, unsuccessful assisted reproduction | Unpaid |
How do I ask my employer for leave?
- Determine which leave type applies based on your reason for leave.
- Give notice: For foreseeable leave (birth, adoption, planned medical treatment), provide at least 30 days’ advance notice if possible. For emergencies, notify your employer as soon as practicable (Cal. Code Regs. Tit. 2, §§ 11091(a)(2)-(4)).
- Get medical certification if needed: Your employer may require certification for a serious health condition, which you must provide within no less than 15 calendar days of their request (Cal. Code Regs. Tit. 2, § 11091(b)(3)).
- Employer must respond: Your employer must respond to your leave request as soon as practicable, and no later than five business days after receiving it (Cal. Code Regs. Tit. 2, § 11091(a)(6)).
What’s different in California?
California diverges from federal baseline across multiple dimensions—coverage, family definitions, paid mandates, and leave sequencing.
| Item | California | Federal baseline |
|---|---|---|
| Employer size threshold | 5 employees (CFRA/PDL) | 50 employees (FMLA) |
| 75-mile radius rule | None (CFRA has no geographic limitation; federal FMLA requires 50+ employees within 75 miles for employee eligibility) | Required for FMLA eligibility |
| Pregnancy disability | 4 months separate from bonding leave | Included within 12-week FMLA entitlement |
| Paid sick leave | State-mandated 40 hours or 5 days per year (as of January 1, 2024) | No federal paid sick leave mandate |
| Paid family leave | State-funded wage replacement | No federal paid family leave |
| Family members covered | Grandparents, grandchildren, siblings, domestic partners, designated person | Spouse, child, parent only |
| Employee classification test | ABC test (with Borello fallback)—stricter presumption of employee status | Economic realities test |
| Reproductive loss leave | 5 days protected per event | Not addressed |
| Bereavement leave | 5 days protected per death | Not addressed |
| Lactation accommodation | Break time + private space + amenities + written policy | Break time + space only (PUMP Act) |
| Deadline to file a claim | 1 year for Labor Code victims leave | 2 years (3 years for willful FMLA violations) |
| Money damages available | Liquidated damages, attorney’s fees, emotional distress | Lost wages/benefits, liquidated damages, attorney’s fees (FMLA) |
California’s “designated person” provision is unique: employees may name any individual related by blood or with equivalent family association, though employers may limit this to one person per 12-month period (Gov. Code § 12945.2(b)(5)).
Quick Reference: California Leave Numbers
| Threshold | Number | Applies To |
|---|---|---|
| Employer coverage (CFRA/PDL) | 5+ employees | Gov. Code § 12945.2(b)(4) |
| Employee eligibility (CFRA) | 12 months, 1,250 hours | Gov. Code § 12945.2(a) |
| Paid sick leave eligibility | 30+ days worked | Lab. Code § 246(a) |
| Paid sick leave waiting period | 90 days | Lab. Code § 246(c) |
| PDL duration | Up to 4 months (17⅓ weeks) | Gov. Code § 12945(a)(1) |
| CFRA duration | 12 workweeks | Gov. Code § 12945.2(a) |
| Paid sick leave annual minimum | 40 hours or 5 days | Lab. Code § 246(b)(4) |
| Bereavement/Reproductive loss | Up to 5 days | Gov. Code §§ 12945.7(b), 12945.6(b)(1) |
How to file a leave entitlements claim in California
Enforcement is bifurcated by statute type:
| Agency | Jurisdiction | Complaint Deadline |
|---|---|---|
| Civil Rights Department (CRD) | CFRA, PDL, bereavement, reproductive loss, victims leave | 3 years from retaliation (per CRD guidance) |
| Labor Commissioner’s Office | Paid sick leave, lactation, school activities, victims leave (Labor Code) | 1 year for victims leave (§§ 230, 230.1, 230.5); paid sick leave limitations period not definitively established |
| Employment Development Department (EDD) | Paid Family Leave benefits | 41 days from leave start |
PFL appeals: File within 30 days of EDD determination using Form DE 1000A; late appeals may be accepted with good cause explanation.
For CFRA violations, employees may file a CRD complaint or proceed directly to court after obtaining a right-to-sue notice. Because these rules depend on your specific employer size, job duties, and leave timing, Ask Sawyer researches federal and state law to answer questions about your facts.
Common exceptions and limitations
Primary limitation: You may not qualify for CFRA if you haven’t worked for your employer for 12 months and 1,250 hours in the prior year (Gov. Code § 12945.2(a)).
Small employer exemption: Employers with fewer than 50 employees may claim undue hardship for lactation accommodation requirements, though they must still make reasonable efforts to provide a non-bathroom space (Lab. Code § 1031(i)).
Railroad employees: Federal RUIA preempts California’s paid sick leave law for railroad employees (National Railroad Passenger Corp. v. Su, Nos. 21-15816, 21-15825 (9th Cir. July 26, 2022)). These employees retain FMLA rights and RUIA sickness benefits.
Key employee limitation: The source materials do not indicate a ‘key employee’ exception under CFRA comparable to federal FMLA; reinstatement may only be denied for legitimate business reasons unrelated to the leave or fraudulent use of leave.
Airline crewmembers: Alternative eligibility applies—60% of monthly guarantee plus 504 hours in prior 12 months (Gov. Code § 12945.2(r)).
Construction industry: Employees covered by pre-2015 collective bargaining agreements may be excluded from paid sick leave (Lab. Code § 245.5(a)).
Intermittent leave restrictions: CFRA bonding leave may NOT be taken intermittently unless employer and employee agree (Cal. Code Regs. Tit. 2, § 11090(e)); medical necessity leave may be taken intermittently when medically necessary.
How does Paid Family Leave interact with job-protected leave?
PFL provides wage replacement only, not job protection. It does not reduce CFRA entitlement and cannot be substituted for employer-provided paid leave. Employees may receive PFL benefits during CFRA leave, but the 12-week job protection and wage replacement run on separate tracks. Whether an employer may require use of accrued vacation to “top off” PFL benefits remains unresolved in current guidance. Ask Sawyer can research how these programs interact for your specific situation.