Family, Medical & Disability Leave

As an employee, you may be entitled to certain protections if you need to take a leave of absence due to changes in your personal circumstances, such as pregnancy, a medical crisis, or the death of a family member.

Denial of Family, Medical & Disability Leave Protections Comes in Many Forms

California has several laws that give employees the right to take leave—both paid and unpaid—for family and health reasons. Employees who are covered by more than one of these laws are entitled to the rights set out in the most protective law.

Disability Leave

Disability Insurance and Paid Family Leave provide wage replacement benefits only; they do not provide job protection. Your job may be protected under other employee leave laws, such as the FMLA or CFRA.

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Family Medical Leave

In California, workers have the right to take time off from their jobs for significant health issues, to care for a sick family member, or to spend time with a new child, whether through birth, adoption, or foster care. This state-specific right is known as the California Family Rights Act (CFRA) leave.

Additionally, there are similar rights at the federal level through the Family and Medical Leave Act (FMLA), which also covers leave for one’s own or a family member’s serious health condition, or to bond with a new child. If both state and federal laws apply, employees are entitled to the protections that offer them the most benefits.

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Military Leave

If you’re an employee who gets called to active military duty for up to six months, you’re entitled to 30 days of paid leave. To be eligible for this pay, you need to have worked for the state for at least a year, or have a combination of military and state service that adds up to a year, right before your military duty starts.

Also, if you’re going for your annual military training, like reserve drills or National Guard duties, you can get paid leave for that too, according to specific government rules.

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Paid Medical & Sick Leave

In California, there’s a rule that says companies must give their workers paid time off if they or someone they care about (like a family member or someone they choose) need to see a doctor, get a diagnosis, or have preventative care. Starting from January 1, 2024, this means that almost all workers, whether they work full-time, part-time, or temporarily, can get at least 40 hours or five days off each year if they:

Have worked for the same place for at least 30 days within a year in California, and
Have been with the company for 90 days before they use any of their paid sick days.

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Pregnancy & Maternity Leave

Maternity leave is the period a woman is allowed to be away from work to welcome a new child into her life, whether through birth, adoption, or foster care. In California, there are laws that protect many women’s jobs during this time, ensuring they can take leave for pregnancy and childbirth without the fear of job loss.

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Voting Leave

In California, if you’re working during a statewide election and don’t have enough time outside work to vote, you’re allowed to take up to two hours off with pay to do so. You can take more time if needed, but only two hours will be paid.

This time off should be at the start or end of your workday, to minimize disruption to your work schedule, unless you agree on a different time with your employer. If you anticipate needing time off to vote, you must inform your employer at least two working days before the election.

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Our Approach

Our Practices are Guided by Integrity. We’ll protect what you deserve.

We work tirelessly and fight tenaciously to hold rights abusers accountable.

If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.

Did You Know?

Protected Work Leave

The California Family Rights Act authorizes eligible employees to take up a total of 12 weeks of paid or unpaid job-protected leave during a 12-month period

Disability Leave

The California Family Rights Act authorizes eligible employees to take up a total of 12 weeks of paid or unpaid job-protected leave during a 12-month period

FMLA & CRFA

FMLA and CFRA laws help to protect your job while you are receiving Disability Insurance or Paid Family Leave benefits.

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

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