Leave Entitlement Law

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. For the most up to date version of this chart click here: https://www.lawvex.com/leave-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

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