Here is an overview of the various leave options in California and their durations. If you think you have been denied leave that you are entitled to, our experienced employment law team can help.

Leave of Absence Laws in California

Family and Medical Leave (FMLA & CFRA)

Under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), eligible employees can take up to 12 weeks of unpaid, job-protected leave within a 12-month period. This leave can be used for:

The employee’s own serious health condition.
Caring for a spouse, child, or parent with a serious health condition.
Bonding with a new child through birth, adoption, or foster care.
Certain military-related exigencies.

To be eligible, employees must have worked for their employer for at least 12 months and have completed 1,250 hours of service in the previous year.

Pregnancy Disability Leave (PDL)

California’s Pregnancy Disability Leave (PDL) allows employees disabled by pregnancy, childbirth, or related medical conditions to take up to four months (approximately 17⅓ weeks) of unpaid, job-protected leave. This leave can be taken before or after birth and may be used intermittently. If you are being denied leave, our pregnancy discrimination lawyers can help.

Paid Family Leave (PFL)

The state’s Paid Family Leave (PFL) program provides up to eight weeks of partial wage replacement for employees who take time off to care for a seriously ill family member or bond with a new child. While PFL offers wage replacement, it does not provide job protection.

State Disability Insurance (SDI)

California’s State Disability Insurance (SDI) program provides up to 52 weeks of partial wage replacement for employees unable to work due to a non-work-related illness, injury, or pregnancy. Like PFL, SDI does not offer job protection, but employees may have job protection under FMLA or CFRA.

Other Protected Leaves

California law also provides for various other types of leave, including:

Paid Sick Leave: Employees accrue one hour of paid sick leave for every 30 hours worked, up to 48 hours per year.
Jury Duty Leave: Employees are entitled to take time off for jury duty.
Military Leave: Employees are entitled to unpaid leave for military service.
Voting Leave: Employees can take up to two hours of paid time off to vote in statewide elections.
Organ and Bone Marrow Donor Leave: Employees may take up to 30 days for organ donation and five days for bone marrow donation.

Employer Policies and Additional Leave

Employers may offer additional leave benefits beyond what is required by law, such as sabbaticals or extended personal leave. The duration and terms are typically outlined in employee handbooks or contracts.

What Can I Do if My Employer Denies My Leave of Absence?

If your employer denies your leave of absence request in California, it is essential to understand your rights and the steps you can take:

Request a Written Explanation: This will help you assess whether your employer’s denial was lawful or if there was a misunderstanding.
Review Eligibility and Documentation: Ensure you meet the eligibility criteria under the applicable law.
Consult Human Resources: Sometimes, issues can be resolved internally.
File a Complaint: If you believe the denial violates your legal rights, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division or the California Civil Rights Department (CRD).
Seek Legal Advice: Consulting an employment attorney can provide clarity on your rights and the strength of your case. Reach out today to learn more.