Leave of Absence Laws In California
California is full of active, work-oriented residents who lead productive lives. Fortunately, the state has robust legal protections for employees, including leave of absence laws that allow employees to take medical and family leave, personal leave, military leave, and civic duty time off, without risking their jobs.
Understanding the state’s leave of absence laws is a crucial aspect of employment for both employers and employees in California. Reach out to our trusted employment attorneys in OC for a free case review today.
California’s Employee Leave of Absence Laws
Under the state’s Fair Employment and Housing Act (FEHA), A California employee may take job-protected leave without fear of wrongful termination and financial instability under the following circumstances:
- For family and medical leave under the California Family Rights Act, with up to 12 weeks of protected leave time for an employee’s medical condition, or for their family member’s medical condition or illness
- The New Parent Leave Act, for time off for childbirth, adoption, or foster child placement
- Paid Family Leave of up to 8 weeks to care for an ill family member
- Pregnancy Disability Leave for pregnancy, related medical conditions, and childbirth (additional protection that’s separate from the Family Medical Leave Act)
- Bereavement leave for up to five days of unpaid leave after the death of a family member
- Civic duty leave, such as for jury duty and court witness leave
- Military leave for active duty National Guard or Reserve members
- Voting (up to two hours of paid leave time)
- Domestic violence, stalking, and sexual assault Leave
The above protection are for unpaid leave time without jeopardizing employment. In most cases, the employer must also continue providing benefits, such as health insurance and retirement contributions, and must reinstate the employee to their position when they return.
Paid Sick Leave Time In California
The above unpaid leave of absence laws in California are in addition to paid sick leave time, which the state requires all employers to supply for employees who work at least 30 days per year.
California also offers the State Disability Insurance (SDI) program to partially replace wages during unpaid leave of absence in California, for those with time off for medical conditions or childbirth. This law covers only those employees who have had deductions for SDI from their pay checks.
Can a California Employer Deny an Employee Their Protected Leave?
If an employee meets the state’s eligibility requirements and has the necessary documentation showing cause for the leave, an employer cannot lawfully deny their employee leave time under any of the above California leave of action laws.
If an employer denies their employee’s request for protected leave, tries to prevent the leave by threatening negative repercussions, retaliates against an employer who exercises their right to leave, or refuses to reinstate the employee, the employee may file a complaint.
By filing a complaint with the right department, a claimant can obtain a right-to-sue notice and file a lawsuit to recover their losses.
How Long Do I Have to File a Lawsuit For a Leave of Absence Violation
In most cases, a California employee has up to three years from the date of the incident to file a lawsuit against an employer who violated their legal right to take protected leave or who retaliated against them for taking leave. An experienced OC employment lawyer helps obtain financial accountability and a sense of justice.