California Medical & Sick Leave Lawyers

In California, employees have access to one of the most comprehensive family medical leave frameworks in the United States, encompassing state laws, federal laws, and family, medical, and disability leave lawyers. These protections can help employees take time off for serious health conditions, bond with a new child, care for family members, or use available paid sick leave for qualifying needs without unnecessarily putting their employment at risk.

Here’s an overview of key family, medical, and sick leave rights in California:

California Family Rights Act (CFRA)

• Eligibility: Employees are generally eligible if they have worked for the employer for at least 12 months and have worked at least 1,250 hours during the 12 months before the start of leave. The employer must have at least five employees.
• Leave Entitlement: Eligible employees can generally take up to 12 weeks of unpaid, job-protected leave during a 12-month period for qualifying reasons. These include bonding with a child following birth, adoption, or foster placement; caring for certain family members with a serious health condition; or addressing the employee’s own serious health condition.
• Health Insurance: Employers are generally required to maintain group health coverage during qualifying CFRA leave under the same conditions as if the employee had continued working.

CFRA leave is different from paid sick leave. CFRA provides eligible employees with job-protected leave for qualifying family and medical reasons, while paid sick leave provides paid time that can be used for specific purposes established by California law.

Federal Family and Medical Leave Act (FMLA)

• Eligibility: FMLA generally requires an employee to have worked for the employer for at least 12 months, completed at least 1,250 hours of service during the previous 12 months, and work at a location where the employer has at least 50 employees within 75 miles.
• Leave Entitlement: FMLA generally provides eligible employees with up to 12 workweeks of unpaid, job-protected leave during a 12-month period for qualifying family and medical reasons. FMLA and CFRA may run concurrently when an employee qualifies under both laws and both cover the reason for leave.
• Protection: FMLA generally requires covered employers to maintain an eligible employee’s group health insurance benefits during qualifying leave under the same conditions that would apply if the employee continued working.

FMLA leave is generally unpaid, but an employee may be able to use accrued paid sick leave or other available paid time during an otherwise unpaid leave, depending on the circumstances and applicable requirements.

California Pregnancy Disability Leave (PDL)

• Employees who are disabled by pregnancy, childbirth, or a related medical condition may qualify for up to four months of job-protected Pregnancy Disability Leave per pregnancy, based on the period of actual disability. PDL generally does not require a minimum number of hours worked or a minimum length of employment.
• Pregnancy Disability Leave is separate from CFRA. Depending on eligibility and the circumstances, federal FMLA may run concurrently with PDL, while CFRA bonding leave may be available after pregnancy disability ends.

An employee may also be able to use available paid sick leave for qualifying pregnancy-related medical needs, appointments, or other covered purposes.

New Parent Leave and Child Bonding

• The former New Parent Leave Act provided bonding time to certain workers who were not covered by the previous version of CFRA. Following the expansion of CFRA, the separate New Parent Leave Act was repealed and its role was effectively incorporated into the broader CFRA framework.
• Eligible employees may now qualify for CFRA leave to bond with a child following birth, adoption, or foster care placement. Federal FMLA may provide overlapping protections when its eligibility requirements are also satisfied.

Paid Family Leave (PFL)

• California Paid Family Leave provides eligible workers with partial wage-replacement benefits for up to eight weeks when they take time off for qualifying reasons, such as caring for a seriously ill family member or bonding with a new child.
• Paid Family Leave does not provide job protection by itself. However, employees may have job-protection rights under CFRA, FMLA, or another applicable law while receiving PFL benefits.

Paid Family Leave should not be confused with paid sick leave. Although both can provide compensation during time away from work, they have different eligibility requirements, qualifying reasons, and benefits.

California Paid Sick Leave Rights

California’s paid sick leave law gives most covered employees paid time away from work for qualifying purposes. In general, covered employees who work in California for the same employer for at least 30 days within a year are entitled to paid sick leave, subject to applicable requirements and exceptions.

Under current statewide requirements, employers generally must provide at least 40 hours or five days of paid sick leave per year. Depending on the employer’s policy, sick leave may be provided upfront or earned through an accrual system that satisfies state law.

Employees can generally use available paid sick leave for qualifying purposes that include:

• Diagnosis, care, or treatment of an existing health condition.
• Preventive care for the employee or a qualifying family member.
• Caring for a sick qualifying family member.
• Certain purposes related to domestic violence, sexual assault, stalking, or other qualifying circumstances protected by law.

Employees generally begin accruing paid sick leave when employment begins, although an employer may generally require an employee to complete 90 days of employment before using accrued sick leave. Accrual policies must satisfy applicable requirements concerning the number of hours employees earn and the amount of leave available.

Some employers provide more generous sick leave benefits than the minimum required by law. Local ordinances may also provide greater benefits in certain cities. Employees should therefore review their employer’s policy to determine how many sick days or hours of leave are available to them.

Using Paid Sick Leave With Other Types of Leave

Depending on the circumstances, paid sick leave may overlap with or be used during another qualifying leave. For example, an employee taking otherwise unpaid FMLA or CFRA leave for their own serious health condition may be able or required to use available paid sick time, depending on the applicable law and circumstances.

However, paid sick leave, FMLA, CFRA, PDL, and Paid Family Leave are separate protections or benefit programs. The fact that an employee has exhausted their sick days does not necessarily mean they have exhausted all other rights to family or medical leave.

Employees who need extended time away from work because they are sick or have a serious health condition should consider whether another leave law may provide additional protection after their available paid sick leave has been used.

Protections and Prohibitions

• Retaliation and Discrimination: Employers generally cannot unlawfully retaliate against employees for requesting or taking protected family or medical leave. California law also provides protections against retaliation for lawfully using accrued paid sick leave.
• Job Restoration: Employees returning from qualifying job-protected leave are generally entitled to return to the same or an equivalent or comparable position, depending on the law involved and subject to applicable requirements and exceptions.
• Sick Leave Rights: Employers generally cannot deny an employee the right to use accrued paid sick leave for a qualifying purpose or unlawfully retaliate against an employee for exercising protected sick leave rights.

California’s family medical and sick leave laws provide significant protections for employees, helping them balance their work responsibilities with personal and family health needs. Understanding how paid sick leave, CFRA, FMLA, PDL, and Paid Family Leave differ can help employees determine which protections may be available when they need time away from work.