The below content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.

Author: Jennifer K. Achtert, Fisher & Phillips LLP

Summary

  • California has several state-specific leave requirements. Therefore, leaves of absence in California can be extremely complicated, due to the interplay between federal and state laws, and intersecting requirements and obligations. See Leaves of Absence - California.
  • The California Family Rights Act has the same eligibility requirements and provides leave that, for the most part, tracks and runs concurrently with FMLA. However, there are some very important differences. See The California Family Rights Act.
  • Female employees are entitled to up to four calendar months (17 and one-third weeks, not 16 weeks) of job-protected leave for disabilities relating to pregnancy, childbirth, or related medical conditions. See Pregnancy Disability Leave (PDL).
  • California provides six weeks of benefits for employees who take time off to care for a family member or to bond with a new child. See Paid Family Leave.
  • Employees who do not have sufficient time outside of working hours to vote in a statewide election may take off enough time to vote. See Election/Voting Leave.
  • California employers may not terminate or discriminate against employees for taking time off to serve, as required by law, on a jury or for appearing in court in compliance with a subpoena. See Jury Duty and Appearance as a Witness.
  • Employers who employ 25 or more employees at the same location are required to provide up to 40 hours of leave each year, not to exceed eight hours in any calendar month, to certain employees. See Family-School Partnership Leave.
  • Employers must provide employees who are organ or bone marrow donors with a job-protected paid leave of absence. See Leave for Organ and Bone Marrow Donors.
  • Employees who are victims of domestic violence, sexual assault, or felonies are entitled to unpaid leave to obtain relief or attempt to obtain relief. See Leave for Victims of Domestic Violence and Sexual Assault; Leave for Victims of Felonies.
  • Volunteer firefighters are permitted to take time off to perform emergency duty. See Volunteer Firefighters Leave.
  • San Francisco mandates paid sick leave for employees working in San Francisco. See San Francisco Paid Sick Leave.
  • Employees who are not able to work because of an industrial injury are entitled to benefits and leave. See Industrial Injury Leave.
  • California law provides employees with similar rights and responsibilities as those under USERRA. See Military Leave.
  • Most employers are required to provide eligible employees with an unpaid Civil Air Patrol leave of absence. See Civil Air Patrol Leave.
  • Most employers are required to accommodate employees who reveal a literacy problem and request assistance to enroll in an education program. See Literacy Leave.
  • Employees may also be entitled to a leave of absence as a reasonable accommodation for a disability or a religious need. See Disability-Related or Religious Leave.
  • Many employers provide other types of leave that are not required by law. See Company-Provided Leave.