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

Applies to private employers with 5 or more employees — the state and any political or civil subdivision of the state and cities are also covered CFRA employers, with no minimum headcount (Gov. Code §12945.2(b)(4)). Eligible employees can take up to 12 weeks of 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 private employers with 5+ employees — the state, its political subdivisions, and cities are covered at any size (Gov. Code §12926(d)). 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 private-sector employers with 50+ employees; public agencies and public or private K-12 schools are covered at any size (29 C.F.R. §825.104). 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. During CFRA leave, you must maintain and pay for group health coverage on the same terms as if the employee had kept working (Gov. Code § 12945.2(e)) — and PDL carries its own, separate continuation duty: maintain and pay for group coverage for the duration of the leave, up to four months over a 12-month period, at the level the employee would have had by continuing to work (Gov. Code § 12945(a)(2)(A)). Meeting one duty does not satisfy the other.

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.