Employees in California have the same rights under the Family and Medical Leave Act (FMLA) as employees in all other states, but they may also have additional protections under the California Family Rights Act (CFRA) and the Paid Family Leave (PFL) program.
As an employer with team members in California, it’s important to understand the laws regarding a leave of absence in California so you can meet your legal obligations and ensure HR compliance.
Here’s what you need to know about taking time off under California law, and how HR teams can use automation to streamline leave of absence management.
Types of Leave of Absence in California
When an employee requests time off in California, their eligibility for leave will depend on the size of your company, how long they’ve worked for you, and the reason for their leave of absence. Different types of leave have different entitlements under state and federal law. Here are some qualifying reasons for a leave of absence in California:
- Family leave allows an employee to take time off work to care for an ill or injured family member. This is sometimes referred to as “kin care.”
- Parental leave allows for time off following the adoption or birth of a child or the placement of a new child in foster care.
- Medical leave allows an employee to seek treatment for their own serious health condition, on a continuous or intermittent basis.
- Military leave allows for time off for military service, or to care for an active duty service member or a veteran.
- Personal leave encompasses other scenarios such as bereavement leave, jury duty, or sabbatical leave that may or may not be covered by state law.
In general, federal leave laws only provide for unpaid leave, but California leave laws allow for paid time off in some cases. Both the FMLA and CFRA offer job-protected leave, which means that eligible employees are entitled to reinstatement in their role (or an equivalent position) once their leave period has ended.
What Laws Cover a Leave of Absence in California?
The first step in assessing a leave of absence in California is understanding what leave laws it falls under. These laws aren’t mutually exclusive, and it’s entirely possible for an employee to qualify for multiple leave laws for the same condition — for example, a medical condition that is covered under both FMLA leave and CFRA leave. In most cases, the leave periods would occur concurrently.
Family and Medical Leave Act (FMLA)
FMLA leave is a federal law that applies to covered employers that have at least 50 employees in a 75-mile radius. This means that a company with 30 employees in San Francisco and 30 employees in Los Angeles wouldn’t be considered a covered employer.
Eligible employees are entitled to 12 workweeks of leave in a single 12-month period, for qualifying reasons such as the birth of a child or a serious medical condition of their own or that of an immediate family member.
California Family Rights Act (CFRA)
The California Family Rights Act (CRFA) is similar to the FMLA in many ways, but it has a different set of eligibility requirements. Private companies with five or more employees are bound by the CRFA, and there’s no 75-mile radius to consider.
It also expands the definition of an immediate family member to include grandchildren, grandparents, and domestic partners, in addition to spouses, children, and parents.
California Fair Employment and Housing Act (FEHA)
The Fair Employment and Housing Act (FEHA) is a California law that offers similar protections to the Americans with Disabilities Act (ADA). While the ADA applies to employers with 15 or more employees, the FEHA applies with as few as five employees.
Primarily, these laws are about providing reasonable accommodations to employees with disabilities, which can include taking time off work or having a flexible work schedule. An ADA leave of absence is not to be confused with short-term disability insurance, which is a type of insurance plan similar to workers’ compensation and can include paid time off for a temporary illness or injury.
Paid Family Leave (PFL)
One of the other benefits available to employees in California is the Paid Family Leave (PFL) program, which covers up to 70% of an employee’s wages for up to eight weeks. In 2025, the benefit increased to up to 90% of wages for employees earning less than $63,000 per year.
This law covers scenarios such as the birth of a child, caring for a sick family member, and some types of military leave, but not an employee’s own health condition.
Pregnancy Disability Leave (PDL)
Pregnancy Disability Leave (PDL) adds another set of protections for employees who are unable to work due to pregnancy and related medical conditions. It applies to any employer with five or more employees, and provides for up to four months of unpaid leave — in addition to any leave an employee qualifies for under the CFRA.
This means an employee could take four months of leave under PDL, followed by another 12 weeks to bond with their child under the CFRA.
Other Leave of Absence Laws in California
While the majority of leave requests in California are likely to be covered by the above five laws, there are still a few more regulations to be aware of. These include:
- Paid sick leave: Employees in California accrue one hour of paid sick leave for every 30 hours of work, for a minimum of 40 hours (five days) of paid sick leave per year. They are also allowed to use this leave for kin care.
- Domestic violence leave: By law, victims of domestic violence can take a period of time off work to access legal support or victim services.
- Bereavement leave: Employees can take up to five days of leave due to the death of a loved one, at any point up to three months after the loved one’s death.
- Organ and bone marrow donor leave: Employees can take up to 30 days of leave per year for organ donation and five days for bone marrow donation.
Leave of Absence Best Practices
Responding to employees’ leave of absence requests promptly and accurately is part of maintaining a healthy workplace. In addition to your obligations under California law, you may also choose to offer your employees additional leave benefits that exceed your legal requirements, such as more paid parental leave.
For complex cases, you may need to use a combination of paid time off (PTO), unpaid leave, and other leave entitlements to accommodate an employee’s request. Create a personal leave of absence policy so employees know their rights and obligations. Then use HR automation to field leave requests and track leave balances.
Finally, use a cloud-based platform like Pulpstream to meet your FMLA confidentiality requirements and keep employees’ personal information safe and secure. In particular, medical documentation should be stored separately, and only shared with other team members on a need-to-know basis.
Automate Leave Management in California With Pulpstream
Because it has so many leave laws, navigating a leave of absence in California can be more challenging than in many other states. It’s important for employers to honor their employees’ rights and provide appropriate leave benefits under the California labor code. Eligible employees may qualify for a leave of absence under the FMLA, CFRA, PFL program, and various other employment laws.
Pulpstream’s leave of absence automation platform helps you navigate California leave laws and streamline operations across multiple states. Our self-service portal makes it easy for employees to submit leave requests and upload supporting documents, while our custom rule engine empowers your HR team to make faster and more accurate leave decisions. Request a demo today to learn more!
