Lost in California's Leave Laws? We've Got You Covered!
California has one of the most comprehensive leave of absence requirements for employers in the country. Managing employee leave in California goes beyond basic sick days and vacation time. There are several leaves an employer needs to be aware of to ensure they are providing the proper information to employees and are in compliance with these complex laws.
Below are some of the leaves a California employee may be eligible for. Each has its own requirements and documentation required by both the employer and the employee.
The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. FMLA can run concurrently with the other leaves listed below. To be eligible, employees must:
- Work for an employer with 50 or more employees within a 75-mile radius
- Have been employed for at least 12 months.
- Have worked at least 1,250 hours in the previous 12 months.
FMLA leave can be taken for various reasons, including caring for a family member with a serious health condition, bonding with a new child, or addressing the employee’s own serious health condition.
The CFRA is California’s state equivalent of the FMLA, but with some key differences:
- Applies to employers with 5 or more employees nationwide. Only employees in California are eligible.
- Provides up to 12 weeks of unpaid, job-protected leave.
- Allows leave for caring for a “designated person” with a serious illness, not just immediate family members.
- Does not cover pregnancy-related conditions (covered separately under PDL – see below).
Employees are eligible for CFRA leave if they have worked for their employer for at least 12 months and have worked at least 1,250 hours in the past year.
PDL is a California-specific leave that provides up to 4 months (17.3 workweeks) of unpaid, job-protected leave for pregnancy, childbirth, and recovery. This leave is separate from and in addition to CFRA leave.
- Applies to employers with 5 or more employees nationwide. Only employees in California are eligible.
- Employees are eligible upon hire, and there is no minimum hours requirement, which means both full-time and part-time employees are eligible.
Other Types of Leave
California law also provides for several other types of leave. Below are just some of the various leaves required to be offered in California.
- Paid Sick Leave: Employees accrue at least one hour of sick leave for every 30 hours worked.
- Bereavement Leave: Up to 5 days of unpaid leave.
- Domestic Violence Victim Leave: Leave and reasonable accommodations for addressing issues related to domestic violence.
- School Activities Leave: Up to 40 hours per year, unpaid.
- Organ Donation Leave: Up to 30 days of paid leave and an additional 30 days of unpaid leave.
Additional Leaves: Provide employees with leaves that may not fall under any other category. For example, offering a Medical Leave when an employee is not eligible for FMLA, CFRA, or PDL can comply with the Americans with Disability Act’s reasonable accommodation requirements.
Wage Replacement Programs
California employees may be eligible for State Disability Insurance (SDI) and Paid Family Leave (PFL) replace their wages while they are on leave. These programs are administered by the CA Employment Development Department (EDD) and are 100% paid by employee contributions from their paychecks.
SDI and PFL do not provide for job-protected leave. An employee’s job is protected if they are also covered by one of the other leaves above, such as FMLA, CFRA, or PDL.
Managing Employee Leave
To effectively manage employee leave, employers should:
- Understand which leaves they are required to offer to employees. An up-to-date Employee Handbook is a good place to list the information employees need to know.
- Develop a comprehensive leave management plan prior to an employee requesting a leave of absence.
- Understand the documentation requirements and time frames required by each leave.
a) For example, with FMLA, CFRA, and PDL, employers are required to provide employees with paperwork explaining the employees’ rights and responsibilities within 5 days after the request is made.
b) The employer can normally request proof of the need for leave in the form of a Medical Certification or a healthcare provider’s note.
c) Make sure to use the proper forms. California does not allow employers to ask a healthcare provider for a diagnosis or details on the medical condition of the employee.
d) Ensure the proper paperwork and time frames are followed throughout the entire length of the leave.
By understanding and properly managing these various types of leave, employers can support their workforce while maintaining administrative efficiency and compliance with California law.
Need help with managing leaves? San Diego Human Resource Consulting can walk with you through this complex process to provide compliance support while ensuring your employees are taken care of in an efficient manner with care and concern for their situation.
SDHRC can also ensure you have the most up-to-date Employee Handbook, along with the proper letters and forms needed to ensure you can handle any leave of absence request that comes your way!
Curious where your organization stands when it comes to California HR Compliance? Check out our free assessment to get your score.
