Leave Entitlement Law
February 10, 2018
Leave entitlement under California and federal law is complex. This table is intended to provide a summary of the various leave programs with some key provisions.
This chart is subject to change in accordance with applicable law.
| LAW | CALIFORNIA FEDERAL | PURPOSE | PAID? | Employer | Employee | LEAVE ENTITLEMENT |
|---|---|---|---|---|---|---|
| FAMILY MEDICAL LEAVE ACT (FMLA) | Federal | ◦ for birth/adoption/foster care of employee child ◦ to care for family members with serious health condition ◦ for employee with serious health condition including pregnancy |
No | ◦ 50 or more employees within 75 miles ◦ maintain health insurance for employee ◦ return employee to same position |
◦ employed at least 12 months ◦ at least 1250 work hours over last 12 months ◦ notify employer of need for leave |
◦ 12 weeks within first 12 months of becoming parent or need for leave per “leave year” as elected by employer |
| CALIFORNIA FAMILY RIGHTS ACT (CFRA) | California | ◦ for birth/adoption/foster care of employee child ◦ to care for family members with serious health condition ◦ for employee with serious health condition |
No | ◦ 50 or more employees within 75 miles ◦ maintain health insurance for employee ◦ return employee to same position |
◦ employed at least 12 months ◦ at least 1250 work hours over last 12 months ◦ notify employer of need for leave |
◦ 12 weeks within first 12 months of becoming parent or need for leave |
| PARENTAL LEAVE | California | ◦ for birth/adoption/foster care of employee child | No | ◦ 20 to 49 employees within 75 miles ◦ maintain health insurance for employee ◦ return employee to same position |
◦ employed at least 12 months ◦ at least 1250 work hours over last 12 months ◦ notify employer of need for leave |
◦ 12 weeks within first 12 months of becoming parent |
| PREGNANCY DISABILITY LAW (PDL) | California | ◦ for employee disability related to pregnancy and childbirth | No | ◦ 5 or more employees ◦ written guarantee of return employee to same position if requested by employee ◦ maintain health insurance for employee ◦ return employee to same position |
◦ eligible immediately ◦ notify employer of need for leave |
◦ 17 1/3 weeks (4 months) ◦ separate entitlement from CFRA and FMLA |
| AMERICANS WITH DISABILITIES ACT (ADA) | Federal | ◦ as a reasonable accommodation to a disability | No | ◦ 15 or more employees ◦ maintain health insurance for employee ◦ no undue hardship to permit leave ◦ engage employee in interactive process to determine need for accommodations ◦ return employee to same position |
◦ “qualified individual with disability” ◦ notify employer of need for leave ◦ eligible immediately |
◦ as needed for reasonable accommodation |
| FAIR EMPLOYMENT & HOUSE ACT (FEHA) Govt Code §12940 |
California | ◦ as a reasonable accommodation to a physical or mental disability or medical condition | No | ◦ 5 or more employees ◦ maintain health insurance for employee ◦ no undue hardship to permit leave ◦ engage employee in interactive process to determine need for accommodations ◦ return employee to same position |
◦ qualified based on physical or mental disability or medical condition ◦ must notify employer of need for leave ◦ eligible immediately |
◦ as needed for reasonable accommodation |
| KIN CARE LAW Labor Code §233 |
California | ◦ to care for a family member | Yes | ◦ all employers ◦ return employee to same position |
◦ up to 1/2 accrued sick leave not to exceed what would have been accrued in 6 months | |
| WORKERS COMPENSATION LAW | California | ◦ to recuperate from and/or compensate due to work related injury | Yes | ◦ all employers ◦ provide transitional work when appropriate |
◦ must notify employer of injury | ◦ until such time as is cleared to return to work, even if modified |
| JURY DUTY Labor Code §230(a) |
California | ◦ to serve on a jury pursuant to summons | No | ◦ all employers | ◦ notify employer of need for leave | ◦ as needed to complete jury service |
| WITNESS DUTY Labor Code §230(b) |
California | ◦ to appear as a witness pursuant to a summons or court order | No | ◦ all employers | ◦ notify employer of need for leave | ◦ as need to satisfy summons or order |
| CRIME VICTIM Labor Code §230.2 |
California | ◦ to participate in judicial proceedings | No | ◦ all employers ◦ employer must keep confidential |
◦ victim of crime ◦ immediate family member is victim of crime ◦ notify employer of need for leave |
◦ as needed to attend to judicial proceedings |
| DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING VICTIM Labor Code §§230 & 230.1 |
California | ◦ for medical attention ◦ to obtain services for victimization ◦ to participate in a safety course ◦ to obtain psychological counseling |
No | ◦ 25 or more employees ◦ employer must keep confidential ◦ must make reasonable accommodations to protect employee |
◦ notify employer of need for leave | ◦ as needed to obtain relief ◦ can’t exceed leave allowance under FMLA |
| MILITARY LEAVE Uniformed Services Employment and Reemployment Rights Act (USERRA) |
Federal | ◦ for active duty, inactive duty, training, national guard activation | No | ◦ all employers ◦ must maintain health benefits ◦ must reemploy employee |
◦ present or future members ◦ notify employer of need for leave |
◦ cumulative total not to exceed 5 years |
| MILITARY SPOUSE LEAVE Military and Veterans Code § 395.10 |
California | ◦ to spend time with spouse or registered domestic partner of military personnel home on leave | No | ◦ 25 or more employees | ◦ work at least average of 20 hours a week ◦ 2 days notify employer of need for leave ◦ submit documentation showing leave |
◦ 10 days |
| MILITARY LEAVE Military and Veterans Code § 394.5 | California | ◦ for active duty, inactive duty, training, national guard activation | No | ◦ all employees | ◦ notify employer of need for leave | ◦ 17 days annually |
| FAMILY MILITARY LEAVE (FMLA) | Federal | ◦ for employee with spouse, son, daughter, or parent in military ◦ to care for servicemember receiving medical treatment for serious illness or injury |
No | ◦ 50 or more employees within 75 miles ◦ maintain health insurance for employee ◦ return employee to same position |
◦ employed at least 12 months ◦ at least 1250 work hours over last 12 months ◦ notify employer of need for leave |
◦ 12 weeks in a 12 month period for qualified exigency ◦ 26 weeks in a 12 month period to care for a service member with serious illness or injury servicemember ◦ concurrent with regular FMLA |
| SCHOOL ACTIVITY Labor Code §§ 230.7 & 230.8 |
California | ◦ to participate in school activities, emergency, enrollment, or suspension activities | No | ◦ 25 or more employees ◦ no adverse action against employee |
◦ notify employer of need for leave ◦ exhaust accrued vacation leave ◦ may need to provide documentation to employer ◦ parent/guardian/grandparent of child k-12 or licensed daycare |
◦ 40 hours a year, no more than 8 hours each month |
| VOTING Cal. Elec. Code §14000 |
California | ◦ to vote in State-wide election | Yes, up to 2 hours | ◦ all employers | ◦ insufficient time outside of work to vote ◦ time must be taken at beginning or end of shift ◦ 2 days notify employer of need for leave |
◦ enough working time to vote |
| LITERARY EDUCATION Labor Code §§1040- 1044 |
California | ◦ to provide opportunity for adult literacy training | No | ◦ 25 or more employees ◦ must reasonably accommodate employee so long as doesn’t cause undue hardship on employer ◦ participation kept confidential ◦ can’t terminate so long as job done satisfactorily |
◦ notify employer of need for leave | ◦ none specified |
| CIVIL AIR PATROL Labor Code §§1500-1507 |
California | ◦ emergency call to duty by California Wing of the civil auxiliary | No | ◦ 15 or more employees ◦ reinstatement to same or equivalent position |
◦ employed for at least 90 days ◦ may need to furnish certification of activation ◦ notify employer of need for leave ◦ not required to exhaust accrued leave |
◦ 3 days of leave per event; total of 10 days per calendar year |
| CALIFORNIA PAID SICK LEAVE Labor Code 245 et seq. |
California | ◦ to provide for paid leave to attend to illness of self or other | Yes | ◦ all employers ◦ may substitute a PTO benefit that is equal to or greater than sick leave mandate ◦ may cap use at 24 hours per year ◦ may cap accrual at 48 hours per year |
◦ nearly all employees ◦ employed for at least 30 days ◦ notify employer of need for leave |
◦ accrual begins immediately ◦ can use accrued leave upon completion of 90 days ◦ 1 hour sick leave for every 30 hours worked or lump sum 24 hours per year ◦ can be used when exercising rights to other forms of leave ◦ minimum increment of 2 hours |
| VOLUNTEER EMERGENCY PERSONNEL Labor Code §§230.3 & 230.4 |
California | ◦ to provide emergency services | No | ◦ 50 or more employees ◦ no adverse action against employee |
◦ firefighter, peace officer or EMS ◦ notify employer of need for leave |
◦ no more than 14 days per calendar year |
| ALCOHOL / DRUG REHAB Labor Code §§1025-1028 |
California | ◦ for voluntary entry in to alcohol or drug rehabilitation program | No | ◦ 25 or more employees ◦ must reasonably accommodate employee so long as doesn’t cause undue hardship on employer ◦ participation kept confidential |
◦ notify employer of need for leave | ◦ none specified, but time to complete program |
| ORGAN DONOR LEAVE Labor Code §§1508-1512 |
California | ◦ to permit organ or bone marrow donation | Yes | ◦ 15 or more employees ◦ must maintain health benefits ◦ reinstatement to same job, no break in service ◦ no adverse action against employee |
◦ must provider certification of donor status ◦ may be required to use accrued leave ◦ notify employer of need for leave |
◦ up to 30 business days/year for organ ◦ up to 5 business days/year for bone marrow ◦ leave need not be taken all at one time ◦ not concurrent with FMLA/CFRA |
