Job Protected Leaves of Absence in California

A California Employer’s Guide to Job-Protected Leaves of Absence

As a California employer, it’s essential to understand the full scope of job-protected leaves of absence that may apply when an employee needs time away from work. Failing to recognize a qualifying leave can expose your business to legal risk — and create stress and confusion for your employees. Below is a comprehensive overview of job-protected leaves under California and federal law to help you stay compliant and supportive.

Leave Type	Covered Employers	Employee Eligibility	Duration	Purpose	Paid?
CFRA / FMLA	CFRA: 5+ / FMLA: 50+	12+ months and 1,250 hours worked	Up to 12 weeks in 12 months	Medical care, family care, baby bonding, military exigency/caregiver (FMLA)	Unpaid (can use paid time off)
Pregnancy Disability Leave (PDL)	5+ employees	No tenure or hours requirement	Up to 4 months per pregnancy	Disability due to pregnancy, childbirth, or related conditions	Unpaid (can use paid time off)
Medical Leave (ADA/FEHA)	ADA: 15+ / FEHA: 5+	Disability requiring accommodation	Reasonable time	Time off for employee’s own disability	Unpaid (can use paid time off)
Bereavement Leave	5+ employees	All employees	Up to 5 days	Death of qualifying family member	Unpaid (can use paid time off)
Jury Duty Leave	All employers	All employees	As required by court	Serve on a jury	Unpaid (can use paid time off)
Crime or Abuse Victim Leave	All employers	Victims of crime, abuse, domestic violence, etc.	As needed	Seek services, court time, relocation, or treatment	Unpaid (can use paid time off)
Military Leave (USERRA)	All employers	Military service members	Varies by service	Active duty, training, or military obligations	Unpaid (benefit protections apply)
Military Spouse Leave	25+ employees	Spouse on military leave; employee works 20+ hrs/week	Up to 10 days	Spend time with military spouse on leave	Unpaid
Organ & Bone Marrow Donor Leave	15+ employees	All employees	Organ: 30 days / Bone marrow: 5 days	Donation of organ or bone marrow	Paid
School/Childcare Activities Leave	25+ employees	Parents or guardians of children in school/childcare	Up to 40 hrs/year (max 8/month)	Participate in activities or respond to school emergencies	Unpaid (can use paid time off)
Voting Leave	All employers	All employees	Up to 2 hours	Vote in statewide elections when insufficient time outside work	Paid (up to 2 hours)
Volunteer Civil Service Leave	All employers	Emergency responders, volunteer firefighters, etc.	As needed	Emergency duty or training	Unpaid
Civil Air Patrol Leave	15+ employees	90+ days of service; member of Civil Air Patrol	Up to 10 days/year	Participate in emergency missions	Unpaid
Personal Leave (Discretionary)	Optional	As defined by employer policy	At employer’s discretion	Non-protected leave for personal matters (e.g. travel, caregiving not covered by law)	Optional

Final Thoughts for Employers

Navigating employee leave can be complex — especially in California, where multiple overlapping laws provide robust protections. Here are a few tips:

• Train your managers to flag potential leave requests early.

• Engage in the interactive process for disability- or pregnancy-related requests.

• Maintain clear documentation to show compliance.

• Consult legal counsel or HR professionals if you're unsure how to apply a specific leave law.

When in doubt, err on the side of caution and explore whether a leave may be protected — even if the request doesn’t come with formal language. Being proactive and informed helps you stay compliant and build trust with your team.