10 Key Questions about Leave Laws in California

Taking leave is essential for employees to rest, recharge, or handle personal matters, but navigating California’s leave laws can be complex. From mandatory protections to employer-specific policies, knowing your rights and options ensures fair treatment at work. In this article, we address the 10 key questions about leave laws in California.

This Guide Covers

1. What is a leave of absence in California?

A leave of absence in California refers to an employee taking time off from work, either paid or unpaid, for various reasons permitted by the state, federal laws, or company policies. This leave is intended to allow employees to address personal, medical, or family needs without risking their job security.

2. How does leave work in California?

Leave in California is structured around a combination of state laws, federal laws, and employer-specific policies. Eligibility of various types of leave depends on factors such as the length of employment, hours worked, and the specific circumstances under which the leave is requested.

Employers in California might offer additional leave benefits beyond what is legally required. Employer-specific leave must be detailed in the employee handbook or communicated directly by the employer.

Employees must know that some types of leave are paid while others are unpaid. Employees should provide advance notice to their employer, especially for planned leave (e.g., surgeries or childbirth), while emergency leave may require shorter notice.

3. What are the different types of leave available to California employees?

In California, employees have access to various types of leave, including mandatory and non-mandatory. Mandatory leave in California includes:

  • Family and Medical Leave: The federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide eligible employees with up to 12 weeks of unpaid leave for family and medical reasons, including caring for a newborn, adopted child, or seriously ill family member.
  • Sick Leave: Effective as of January 2024, California law requires employers to provide at least 40 hours (or five days) of paid sick leave per year from 24 hours (or three days) in previous years. Sick leave can be used for an employee’s illness, medical appointments, or caring for a family member.
  • Jury Service Leave: Employers must provide leave for employees summoned for jury duty. In California Labor Code § 230 (a), employers cannot retaliate against employees for fulfilling their civic duty. Generally, jury service leave is unpaid. Upon receiving a jury duty summons, employees should inform their employers as soon as possible.
  • Voting Time: Employees can take up to two hours of paid leave to vote in statewide elections if they do not have sufficient time outside working hours. According to the California Elections Code § 14000, employees must notify their employers at least two working days before the election. The leave should be taken at the beginning or end of the workday unless otherwise mutually agreed upon. Employers are required to post a notice informing their voting leave rights at least ten days before a statewide election.
  • Domestic Violence or Sexual Assault Leave: Employees who are victims of domestic abuse, sexual assault, or stalking can take time off to seek medical attention, and obtain services from a domestic violence shelter, or personal legal action. This leave is generally unpaid unless the employee uses accrued paid time off. In California Labor Code § 230.1, employers cannot retaliate against employees for taking this leave and must maintain confidentiality regarding the employee’s situation. Employees should provide reasonable notice when possible, and documentation may be required.
  • Emergency Response Leave: Some employers provide leave for employees who serve as volunteer firefighters, reserve peace officers, or emergency rescue personnel. This leave allows employees to respond to emergencies and perform their duties without fear of losing their jobs. The leave is unpaid, but job protection is provided.
  • Organ and Bone Marrow Donation Leave: Employees are entitled to paid leave for organ and bone marrow donation. According to California Labor Code § 1510, employees can take up to 30 days of paid leave for organ donation and up to five days for bone marrow donation within a 12-month period. Employers cannot retaliate for taking this leave. Additionally, this leave is separate from any leave allotted under the California Family Care and Medical Leave, also known as the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA) and does not count towards those entitlements.
  • School Activities Leave: Parents, grandparents, or guardians of children in school or daycare can take up to 40 hours of unpaid leave each year to participate in school activities or address school emergencies. In California Labor Code § 230.8, this leave is limited to eight hours per month and is intended to help employees balance work and family responsibilities.
  • Military Leave: Employees who are members of the National Guard or reserve components of the U.S. Armed Forces are entitled to unpaid leave for activity duty, training, and other service obligations. Federal law under the Uniformed Services Employment and Reemployment Rights Act (USERRA) also provides reemployment rights and protection against discrimination.
  • Bereavement Leave: While not mandated by law, many employers offer bereavement leave to allow employees time to grieve the death of a family member. This leave is unpaid.

In addition to the mandatory leave above, employees may also receive the following non-mandatory leave:

  • Vacation Time: California law does not require employers to provide vacation time, but if offered, it must be treated as earned wages. Under California Labor Code § 227.3, accrued vacation time cannot be forfeited and must be paid out upon termination. Employers can impose reasonable caps on vacation accrual.
  • Holiday Leave: Paid holidays are not mandated by California law, but many employers offer paid holidays as part of their benefits package. The terms and conditions of holiday leave are determined by the employer’s policy. Employees should refer to their handbook or company policy for details.

Whether you get paid while on leave in California depends on the type of leave you take. Paid leave in California typically includes paid sick leave, voting leave (up to two hours), organ and bone marrow donation leave, and, if offered by your employer, vacation time and holiday leave.

5. How long is a leave of absence in California?

In California, the length of a leave of absence varies according to the type of leave and specific circumstances.

  • Family and Medical Leave (FMLA/CFRA): Up to 12 weeks of unpaid leave within 12 months.
  • Paid Sick Leave: The exact duration depends on the amount accrued and the employer’s policy.
  • Jury Duty Leave: The duration is determined by the length of jury service, as required by the court.
  • Voting Time Leave: Up to two hours of paid leave if an employee does not have sufficient time outside of working hours to vote.
  • Domestic Violence or Sexual Assault Leave: Time off as needed to address issues related to domestic violence, sexual assault, or stalking.
  • Emergency Response Leave: Time off as needed for volunteer emergency personnel to respond to emergency situations or training.
  • Organ and Bone Marrow Donation Leave: Up to 30 days of paid leave for organ donation and up to five days for bone marrow donation in a 12-month period.
  • Military Leave: Leave for military service is determined by federal and state laws, including protections for reemployment rights after service.
  • School Activities Leave: Up to 40 hours per year (not exceeding eight hours per month) to participate in their child’s school activities.

6. What happens to your benefits while you’re on leave in California?

While you are on leave in California, the status of your benefits remains the same as if you had continued working. If you are on paid leave, employers continue health insurance coverage as usual. However, for extended periods of unpaid leave, employees may be required to pay their share of premiums to maintain their health insurance coverage.

When employees return from their job-protected leave, employees are entitled to return to the same position or an equivalent one with equivalent pay, benefits, and terms of employment.

7. Can unused leave be carried over to the next year in California?

The carryover of unused leave to the next year depends on the type of leave and the employer’s policies. Under California’s paid sick leave, employers must provide at least 40 hours (or five days) each year. Employees under an accrual plan can earn at least one hour of paid sick leave for each 30 hours of work. Unused leave must be carried over to the next year, subject to the accrual limit.

In California, vacation time is legally considered a form of earned wages. This means that once you accumulate vacation days, your employer cannot take them away or prevent you from using them. If you leave the company, you can be paid for any unused vacation time you’ve accrued. Employers can implement a reasonable cap on accrual to prevent employees from accruing excessive vacation time.

8. Are part-time employees entitled to leave in California?

Yes, part-time employees in California are entitled to the following types of leave:

  • Paid sick leave
  • Family and medical leave
  • Jury duty leave
  • Domestic violence, sexual assault, or stalking leave
  • Emergency response leave
  • Organ and bone marrow donation leave
  • School activities leave
  • Military leave
  • Bereavement leave

Part-time employees may also be eligible for vacation time and holiday leave if offered by the employer. Employers are encouraged to clearly outline their leave policies in their employee handbooks, including eligibility criteria for part-time employees.

9. Can you be fired while on leave in California?

In California, employers cannot fire employees while on job-protected leave. Retaliation against an employee for taking protected leave is illegal. However, employers can terminate employees for reasons unrelated to the leave, such as performance issues, misconduct, or company-wide layoffs, provided these reasons are documented and legitimate.

Employees who believe they have been terminated due to taking leave can file a complaint with the California Civil Rights Department (CRD) or the U.S. Department of Labor (DOL).

10. Can you quit your job while on leave in California?

Yes, you can quit your job while on leave in California. There is no legal prohibition against resigning while you are on any type of leave. However, if you decide to resign while on leave, it is considered good practice if you provide your employer with notice. Although this is not a legal requirement, there may be notice requirements specified in your employment contract or company. In many situations, two weeks’ notice is customary.

Learn more about California Labor Laws through our detailed guide.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.