Federal law and guidance on this subject should be reviewed together with this section.
Authors: Michelle Barrett Falconer and Natasha L. DeCourcy, Littler
- In addition to being covered by the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA) and the California Pregnancy Disability Leave laws may provide employees with additional rights and benefits. See Family and Medical Leave in California.
- While the CFRA and the FMLA parallel each other to a large degree, California employers must look at both laws when making any family and medical leave decisions. See Covered Employers Under the CFRA.
- In order to be eligible for leave under the CFRA, employees must fulfill the eligibility requirements. See Employee Eligibility Under the CFRA.
- Employees in California may take up to 12 workweeks in a 12-month period for certain qualifying reasons. See Purposes and Length of Leave.
- California employers should select one of four methods for measuring the 12-month period in which 12 workweeks of family and medical leave may be taken. See Measuring the 12-Month Period Under the CFRA.
- For CFRA leave an employee's certification issued by a health care provider of an employee's spouse (including a same-sex spouse), registered domestic partner, child, or parent with a serious health condition will be sufficient if it includes certain delineated information. See Notice and Certification Requirements Under the CFRA.
- All female employees, regardless of their length of service, who are disabled by pregnancy, childbirth or related medical conditions must be granted a leave for a reasonable period not to exceed four calendar months (17.33 weeks) by employers with five or more employees. See Employees Qualified for Pregnancy Disability Leave.
- An employee affected by pregnancy may be entitled to temporarily transfer to a less strenuous or hazardous position for the duration of her pregnancy or to receive another reasonable accommodation if certain criteria are met. See Reasonable Accommodation for Pregnancy-Related Disabilities.
- Under the New Parent Leave Act, California employers that directly employ 20-49 employees within 75 miles must provide up to 12 weeks of unpaid leave to employees who are new parents. See New Parent Leave Act.
- California's Family Temporary Disability Insurance program provides up to six weeks of paid family leave insurance benefits every 12 months through California's state-run disability insurance program. See Paid Family Leave.
- Employees must be allowed to use sick leave to care for a sick family member. See Kin Care Leave.
- California employers must provide paid sick and safe time to employees. See Paid Sick and Safe Time.
- Spouses of military service members may be entitled to take leave due to the deployment of the service member. See Family Military Leave.
- Localities including Los Angeles, San Diego and San Francisco have requirements pertaining to sick leave. See Local Requirements.