Leave of Absence in California
- Blog
- Leave of Absence in California
California leave laws can be confusing. Here are some clear, compassionate answers about your rights and options at work.
Need time off work? California law offers robust protections for medical, family, and personal leave. Discover your rights, whether leave is paid, and how to navigate challenges.
Life doesn’t pause when you're working. A medical crisis, a family emergency, or even a personal need can disrupt your ability to stay on the job. When that happens, you might find yourself wondering about your rights: Can I take a leave of absence from work? How long can I take a leave of absence from work in California? Do you get paid for leave of absence in California?
At Consumer Attorneys, we understand the uncertainty and stress you’re facing. Taking a leave of absence in California can feel overwhelming, especially if you don’t know how the laws protect you. This guide explains the key points about leaves of absence, your rights under California law, and how we can help you navigate the system.
What Is a Leave of Absence?
A leave of absence is an extended period of time away from work authorized by your employer, often for medical, family, or personal reasons. In California, state and federal laws protect your right to take time off in specific circumstances without losing your job.
But understanding how leave of absence works isn’t always straightforward. Employers may not clearly explain your rights, leaving you to wonder: Are leave of absence paid? Is a medical leave of absence California law-protected? How does leave of absence work?
Types of Leave of Absence in California
California has some of the strongest worker protections in the nation. Here’s a breakdown of the types of leave you might be eligible for:
1. Family and Medical Leave (FMLA/CFRA)
The Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) allow eligible employees to take up to 12 weeks of unpaid leave per year. These laws apply if:
- You’re dealing with a serious health condition.
- You need to care for a family member with a serious health condition.
- You’re bonding with a new child through birth, adoption, or foster care.
Key Points:
- Your job is protected while you’re on leave.
- Medical leave of absence California laws apply to both physical and mental health conditions.
- You may be able to use accrued vacation or sick time to receive pay during your leave.
2. Pregnancy Disability Leave (PDL)
California’s Pregnancy Disability Leave (PDL) provides up to four months of leave for pregnancy-related conditions. This is separate from FMLA or CFRA leave, meaning you could potentially take both.
Do You Get Paid for Leave of Absence in California for Pregnancy?
PDL itself is unpaid, but you can use paid sick leave or apply for State Disability Insurance (SDI) benefits to receive income while you’re out.
3. Paid Family Leave (PFL)
California’s Paid Family Leave (PFL) program provides up to eight weeks of partial wage replacement to care for a seriously ill family member or bond with a new child. Unlike FMLA or CFRA, this program offers compensation but does not guarantee job protection.
4. Other Types of Leave
In addition to the major leave programs, California law protects your right to take leave for other reasons, including:
- Jury duty or court appearances.
- Military service or training.
- Voting.
- Domestic violence, sexual assault, or stalking-related issues.
- Bereavement (for certain employers).
Contact an employment or consumer protection lawyer at Consumer Attorneys if you believe you qualify for one of the above leave types but are encountering pushback from your employer.
Do You Get Paid for Leave of Absence in California?
The question of pay often weighs heavily on workers’ minds. Unfortunately, the answer isn’t always straightforward.
- Unpaid leave of absence California. Programs like FMLA, CFRA, and PDL provide unpaid leave but protect your job.
- Paid leave of absence California. Programs like PFL and SDI offer partial wage replacement during your leave.
Some employers offer paid leave as part of their benefits package, so it’s worth checking your employee handbook or contract.
How Long Can You Take a Leave of Absence from Work in California?
The length of your leave depends on the program or law you’re using:
- FMLA/CFRA: Up to 12 weeks per year.
- PDL: Up to 4 months per pregnancy.
- PFL: Up to 8 weeks of paid benefits.
It’s also important to consider whether you’re taking leave continuously or intermittently (in smaller chunks of time). Each situation is unique, and you may need help understanding your options.
How Does Leave of Absence Work in California?
Taking a leave of absence usually involves several steps:
- Notify your employer. Provide as much notice as possible. In non-emergency situations, you may need to give 30 days’ notice.
- Provide documentation. Your employer may require medical certification or other forms to approve your leave.
- Understand your rights. You have the right to job protection under specific programs like FMLA/CFRA and PDL.
- Use accrued leave. Sometimes, you can use vacation, sick leave, or PTO to receive pay during your absence.
Challenges Workers Face During a Leave of Absence in California
Unfortunately, not all employers respect workers’ rights. Common issues include:
- Denying eligible leave requests.
- Retaliating against employees who take leave.
- Failing to provide job protection.
- Misclassifying employees to avoid giving leave benefits.
If you’ve faced any of these challenges, you’re not alone. A California employment lawyer can help you fight back.
What to Do If Your Employer Violates Your Leave Rights
If your employer denies your leave or retaliates against you, acting quickly is crucial. Document every interaction, save emails and notices, and contact a consumer protection lawyer to discuss your options.
Consumer Attorneys: Fighting for California Workers
At Consumer Attorneys, we’re not just another law firm. We’re advocates for fairness and justice, standing with workers who face difficult situations. Whether you’re navigating a medical leave of absence in California, questioning whether you qualify for a paid leave of absence in California, or dealing with employer retaliation, we’re here to help.
Why Choose Us?
- We understand how stressful these situations are.
- We’re dedicated to protecting your rights under California law.
- We’ll fight to ensure you receive the compensation and job protection you deserve.
Taking a leave of absence from work in California shouldn’t leave you feeling uncertain or vulnerable. The law is on your side, but navigating it can be complex. At Consumer Attorneys, we’re here to simplify the process, fight for your rights, and stand with you every step of the way.
If you have questions about your rights or need help with a leave of absence, contact us today. Let us handle the legal challenges so you can focus on what matters most—your health, your family, and your peace of mind.
Frequently Asked Questions
Generally, you cannot collect unemployment benefits while on a leave of absence in California. Unemployment benefits are reserved for individuals who are able and available to work but have lost their jobs through no fault of their own. If you are on a leave of absence due to personal, medical, or family reasons, you’re typically not considered "available" for work. However, there may be exceptions, such as if your leave was involuntary and your employer no longer has work available when you’re ready to return. If you’re unsure about your eligibility, it’s a good idea to consult a consumer protection lawyer to review your situation and provide guidance tailored to your circumstances.
The amount you may get paid during a leave of absence in California depends on the type of leave. Programs like Paid Family Leave (PFL) and State Disability Insurance (SDI) offer partial wage replacement, typically around 60–70% of your weekly wages, up to a capped amount. You'll receive your regular wages for those days if you use accrued paid time off, such as vacation or sick leave. However, many types of leave, like FMLA and CFRA, are unpaid unless your employer provides paid leave as part of their benefits package. To understand your specific rights and pay options, reviewing your employer’s policies or consulting a California employment lawyer can be invaluable.
The number of days you can miss depends on the type of leave you take and your specific circumstances. Under the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA), eligible employees can take up to 12 weeks (about 60 workdays) of unpaid, job-protected leave per year. Pregnancy Disability Leave (PDL) allows up to four months, depending on medical necessity. Other types of leave vary, like Paid Family Leave (PFL) or time off for jury duty. While California law provides generous leave protections, exceeding these limits without approval may jeopardize your job. A consumer protection lawyer can help clarify your options and ensure you don’t face retaliation for exercising your rights.
If your employer denies a valid leave request under California or federal law, they may violate your rights. Laws like the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) guarantee eligible employees leave for specific reasons. First, ensure your request meets all legal and policy requirements, including notice and documentation. If your employer continues to deny the request, document the interaction and consult a California employment lawyer immediately. Retaliation or denial of legally protected leave is against the law, and you may be entitled to compensation or reinstatement. Don’t navigate this alone—professional legal support is crucial.
While California laws like FMLA, CFRA, and Pregnancy Disability Leave (PDL) provide job protection, employers can legally terminate employees for reasons unrelated to their leave, such as layoffs or misconduct. However, firing you because you took leave violates your rights. This includes retaliation, discrimination, or any adverse action linked to your leave status. If you believe you were unfairly terminated, document the circumstances and consult a consumer protection lawyer immediately. Proving wrongful termination requires a strong case, but California’s worker protections are robust. An experienced lawyer can help you hold your employer accountable and seek justice for any unlawful actions.
You don’t need a lawyer to request a leave of absence, but having one can be incredibly helpful, especially if complications arise. Employers may misinterpret or ignore laws like the FMLA, CFRA, or PDL, leaving you vulnerable to unfair treatment. A lawyer ensures you understand your rights, submit the necessary documentation correctly, and are prepared to address any resistance or retaliation. If your employer denies your request or your employer takes adverse actions, a lawyer can step in to protect your interests and hold them accountable. For peace of mind and to safeguard your job, consulting a California employment lawyer is wise.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more
Related Articles
