Life happens, people fall ill or their family members get sick and they need to take leave from work. Sometime’s it’s for a joyous occasion like the birth or adoption of a baby. But even joyous occasions are stressful for employees when it interrupts their ability to work. When an employee has to take leave from work, employers are then concerned about getting coverage and worried about administering the leave in a legally compliant way.

Here is a guide to help both employers and employees understand the workplace leave laws available to California workers. We will talk about the big 3 – Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), and California Pregnancy Disability Leave (PDL). These laws offer essential protections but have distinct requirements and benefits.

Family Medical Leave Act (FMLA) The FMLA is a federal law that applies to employers with 50 or more employees within a 75-mile radius. To qualify, employees must have worked for the employer for at least 12 months and worked at least 1,250 hours in the past year. FMLA provides up to 12 weeks of unpaid leave in a 12-month period for serious health conditions, bonding with a new child, or dealing with military exigencies. The leave is job-protected, meaning employees must return to the same or an equivalent position. Employers are also required to maintain health benefits during the leave.

California Family Rights Act (CFRA) The CFRA is similar to the FMLA but is specific to California and has broader coverage. It applies to employers with as few as five employees. Like FMLA, employees must have worked for at least 12 months and completed 1,250 hours of work in the past year. CFRA also offers up to 12 weeks of unpaid, job-protected leave within a 12-month period for serious health conditions, bonding with a new child, or military exigencies. However, unlike FMLA, CFRA does not provide leave specifically for pregnancy-related conditions, except for bonding with a new child. Health benefits must also be maintained during the leave.

California Pregnancy Disability Leave (PDL) PDL is a unique California law that specifically covers pregnancy, childbirth, and related medical conditions. PDL applies to employers with five or more employees, with no minimum length of service or hours worked requirement for employees. Eligible employees can take up to 4 months (17 1/3 weeks) of unpaid, job-protected leave per pregnancy. This leave may run concurrently with FMLA and CFRA, depending on the circumstances. Like the other laws, PDL ensures that employees return to the same or an equivalent position and mandates that employers maintain health benefits during the leave.

What Happens When Job-Protected Leave is Exhausted?

Once an employee has used all the job-protected leave, an employee may be entitled to continue to take time off depending on the circumstances. For example, an employee who continues to suffer from a disability and works for an employer with 5 ore more employees in California may be entitled to take additional time off as a disability accommodation under the Fair Employment and Housing Act. The analysis and accommodation necessary will be analyzed on a case-by-case basis.

Key Takeaways:

• FMLA is a federal law with stricter eligibility and applies to larger employers.
• CFRA is California-specific, covering more employers and offering similar protections with some differences (for example, it does not cover pregnancy-related conditions).
• PDL is dedicated solely to pregnancy-related leave in California, offering up to 4 months of leave.

Navigating these leave policies can be complex, but understanding the basics of FMLA, CFRA, and PDL is a great first step. Employers should ensure compliance with all applicable laws to support their employees effectively. For a visual comparison, check out our detailed comparison chart HERE.