California Leaves of Absence: CFRA, PDL, FMLA & Paid Sick Leave

Applies to employers with 5 or more employees. Eligible employees can take up to 12 weeksof job-protected leave in a 12-month period for baby bonding, their own serious health condition, or to care for a family member (Gov. Code §12945.2). California's family definition is broader than the FMLA's.

Separate from CFRA, PDL gives employees disabled by pregnancy, childbirth, or a related condition up to four months of leave (Gov. Code §12945), available to employers with 5+ employees. PDL runs before CFRA baby-bonding leave — so an employee can often take PDL and then CFRA bonding leave, which is a common stacking point to get right.

Applies to employers with 50+ employees; eligible employees get 12 weeks (29 U.S.C. §2601 et seq.). FMLA often runs concurrently with CFRA — but not always (notably, pregnancy disability is FMLA-covered but not CFRA-covered, which is what creates additional combined leave in California).

Under the Healthy Workplaces, Healthy Families Act (Labor Code §§245–249), employees accrue paid sick leave; many California localities require more than the state floor, so check any city/county ordinance where you operate.

These leaves are generally job-protected but unpaid— though employees may receive partial wage replacement through California's State Disability Insurance (SDI) and Paid Family Leave (PFL) programs via the EDD, and may use accrued PTO. Group health benefits typically continue during protected leave.

Beyond these, California provides leave for jury duty, victims of crime or abuse, school/childcare activities, voting, military, and more. When several leaves could apply to one situation, map them out carefully — overlapping entitlements are exactly where mistakes happen.