Medical and Family Leave in California

Balancing Work with Health and Family Needs

In today’s busy and demanding workforce, being able to take time off work for significant personal health issues or to care for family members is not just a benefit—it’s often a necessity. California and federal laws recognize this, providing a range of job-protected leave options and, in some instances, wage replacement benefits to help employees manage these critical life events without jeopardizing their careers.

At Brightwood Law Group we are committed to helping employees understand and exercise their leave rights. This page provides a general overview of the primary types of medical, family, and disability-related leave and benefits available to California employees. Understanding these rights is the first step toward ensuring you receive the protections you are entitled to.

Overview of Key Leave Entitlements and Benefits in California

California employees have access to several key leave entitlements and wage replacement programs. Here’s a brief look at some of the most significant ones:

  • Family and Medical Leave Act (FMLA): The FMLA is a federal law that provides eligible employees of covered employers with up to 12 weeks of unpaid, job-protected leave per year. Qualifying reasons include an employee’s own serious health condition, caring for an immediate family member (spouse, child, or parent) with a serious health condition, bonding with a new child (birth, adoption, or foster care), or certain qualifying exigencies related to a family member’s military service.
  • California Family Rights Act (CFRA): CFRA is California’s state leave law, largely mirroring FMLA by providing up to 12 weeks of unpaid, job-protected leave for eligible employees of employers with five or more employees. CFRA is in essence California’s version of FMLA.  Reasons for CFRA leave include an employee’s own serious health condition (excluding pregnancy-related disability, which is covered by PDL), caring for a child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, registered domestic partner, or a “designated person” with a serious health condition, bonding with a new child, or a qualifying military exigency. 
  • Pregnancy Disability Leave (PDL): California’s PDL law provides crucial protections for employees disabled by pregnancy, childbirth, or a related medical condition.
    • Eligibility: It applies to employers with five or more employees, and an employee is eligible regardless of their length of service or hours worked, as long as they are disabled by pregnancy. This language is important as both FMLA and CFRA have requirements that impose an employee to have worked for an employer for 12 months and worked at least 1250 hours in the 12-month period. 
    • Leave Entitlement: Eligible employees can take up to four months of job-protected leave per pregnancy for the period they are actually disabled. 
    • Job Protection & Benefits: PDL guarantees reinstatement to the same or a comparable position and requires the employer to continue health insurance coverage on the same terms as if the employee were actively working. Employers must also provide reasonable accommodations for pregnant employees. PDL can run concurrently with FMLA (if eligible) but is separate from and can be taken in addition to CFRA bonding leave.
  • California Paid Sick Leave (PSL): California law ensures that most employees have access to paid time off for their own illness or to care for a family member.
    • Eligibility: Generally, applies to employees who work in California for the same employer for at least 30 days within a year and complete a 90-day employment period. This includes full-time, part-time, and temporary workers.
    • How much PSL am I entitled to? Employers must provide 5 days or 40 hours of paid sick leave, whichever is more. The DLSE gives the following examples, “If an employee works 10-hour days, an employee will be entitled to use a minimum 50 hours of paid sick leave.” “Alternatively, if an employee works only 6 hours a day and takes five days of paid sick leave, for a total of 30 hours, the employee will still have 10 hours remaining.” 
    • Usage: Leave can be used for the employee’s own diagnosis, care, or treatment of an existing health condition or for preventive care; or for the same purposes for a family member (child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling, or a “designated person”). It can also be used by victims of domestic violence, sexual assault, or stalking for related purposes.
  • State Disability Insurance (SDI) / Paid Disability Leave: SDI is a state-administered wage replacement program, not a leave right itself. It provides partial wage replacement benefits to eligible California workers who are unable to work due to their own non-work-related illness, injury, or pregnancy. These benefits are funded through employee payroll deductions.
  • Paid Family Leave (PFL) Benefits: Similar to SDI, PFL provides wage replacement benefits, not a direct right to leave from work. It offers partial pay to eligible employees who take time off work to bond with a new child (birth, adoption, or foster care) or to care for a seriously ill child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner. 

Key Protections for Employees Taking Legally Protected Leave

When you take legally protected leave, California and federal laws provide several important safeguards:

  • Job Reinstatement: Upon returning from FMLA, CFRA, or PDL, you are generally entitled to be reinstated to the same or a comparable position, with equivalent pay, benefits, and other terms and conditions of employment.
  • Continuation of Health Insurance: During FMLA, CFRA, and PDL, your employer must typically maintain your group health insurance coverage under the same terms and conditions as if you had continued to work.
  • Protection from Interference and Retaliation: It is illegal for employers to interfere with your attempt to take protected leave or to retaliate against you in any way for requesting or taking such leave. This is referred to as adverse action and includes termination, demotion, harassment, or any other adverse action. 

Common Issues and Employer Violations Related to Employee Leave

Despite strong legal protections, employees may encounter various issues with legally protected leave. These include: 

  • Employers improperly denying valid requests for FMLA, CFRA, or PDL.
  • Interfering with an employee’s attempt to exercise their leave rights (e.g., discouraging them from taking leave, misinforming them about their eligibility or rights).
  • Failing to properly reinstate an employee to the same or a truly comparable position after their leave ends.
  • Retaliating against an employee for requesting or taking protected leave (e.g., through termination, demotion, negative performance reviews, or harassment).
  • Miscalculating an employee’s leave entitlement or duration.
  • Failing to maintain health insurance benefits during an employee’s protected leave.
  • Not providing reasonable accommodations for pregnancy-related conditions as required by PDL and FEHA.

What to Do If You Believe Your Leave Rights Have Been Violated?

  • If you are facing difficulties with your employer regarding medical or family leave, contact our office and speak to an experienced attorney. We are knowledgeable in the complex web of California and federal leave laws. We are dedicated to helping employees secure the leave they are entitled to and protecting them from unlawful employer practices. We can help you by providing a free consultation to determine if we are able to represent you and pursue legal action.

Explore Specific Leave Rights and Benefits in Detail

For more in-depth information on particular leave entitlements and benefits, please visit our dedicated pages:

Class Action
Family and Medical Leave Act FMLA