Short answer: California employees have a right to job-protected leave for their own serious health condition, to care for a family member, to bond with a new child, for pregnancy and childbirth, for military service, jury duty and several other reasons, and an employer that denies the leave, refuses to return you to your job afterward, or fires you for taking it can be sued. Most of these rights come from state law and apply to employers with five or more employees, which is far broader than the federal FMLA. Abdi & Associates, Inc. helps individuals with leave of absence claims throughout California. The consultation is free.
The leave laws that apply in California
California Family Rights Act (CFRA)
CFRA (Government Code section 12945.2) gives employees of employers with five or more employees up to 12 weeks of unpaid, job-protected leave in a 12-month period for their own serious health condition, to care for a child, parent, grandparent, grandchild, sibling, spouse, domestic partner or designated person with a serious health condition, to bond with a new child within a year of birth, adoption or foster placement, or for a qualifying military exigency. You must have worked for the employer for at least 12 months and 1,250 hours in the prior year. The employer must continue group health coverage during the leave and return you to the same or a comparable position.
Pregnancy disability leave (PDL)
Employers with five or more employees must provide up to four months of job-protected leave for disability caused by pregnancy, childbirth or a related condition (Government Code section 12945), with no length-of-service requirement, plus reasonable accommodation and transfer to a less strenuous position when medically advised. PDL is in addition to CFRA bonding leave, so a new mother may take up to four months of PDL followed by 12 weeks of CFRA leave.
Family and Medical Leave Act (FMLA)
The federal FMLA applies to employers with 50 or more employees within 75 miles and provides 12 weeks of unpaid, job-protected leave for similar reasons, plus up to 26 weeks to care for a covered service member. FMLA and CFRA usually run at the same time, but not always; pregnancy disability, for example, counts against FMLA but not CFRA.
Leave as a reasonable accommodation
Under the Fair Employment and Housing Act and the Americans with Disabilities Act, a finite leave of absence can be a reasonable accommodation for a disability even when CFRA and FMLA leave are exhausted or unavailable, unless it would impose an undue hardship on the employer. The employer must engage in a good-faith interactive process before denying it.
Other protected leave
- Paid sick leave, at least 40 hours or five days per year, usable for your own or a family member’s illness or preventive care and for reasons related to domestic violence (Labor Code sections 246 and 246.5);
- military leave and reemployment rights under USERRA and Military and Veterans Code section 394, and leave for a spouse of a deployed service member (Military and Veterans Code section 395.10);
- jury duty and witness leave (Labor Code section 230);
- leave for victims of crime or abuse to seek relief or treatment (Labor Code sections 230 and 230.1);
- up to 40 hours per year for school activities for employers with 25 or more employees (Labor Code section 230.8);
- bereavement leave of up to five days for employers with five or more employees (Government Code section 12945.7) and reproductive loss leave (section 12945.6);
- time off to vote, to serve as a volunteer firefighter or emergency responder, and to donate bone marrow or an organ;
- time off for a work injury, protected by Labor Code section 132a and, when the injury is a disability, by FEHA.
Pay during leave
CFRA, PDL and FMLA leave are unpaid, but California provides wage replacement through State Disability Insurance for your own condition and pregnancy and Paid Family Leave for bonding and caregiving, administered by the Employment Development Department. You may also use accrued sick leave and vacation. An employer that provides paid leave to some employees must provide it on the same terms to employees on protected leave.
What employers cannot do
- deny leave you are eligible for, or count it as an absence under a no-fault attendance policy;
- require you to work while on leave, or pressure you to cut the leave short;
- fail to reinstate you to the same or a comparable job at the end of the leave;
- demote, discipline, cut hours or fire you because you requested or took leave, or interfere with the request;
- retaliate against you for complaining about a leave denial.
Interference with CFRA or PDL rights and retaliation for using them are violations of FEHA, with remedies that include lost wages, emotional distress damages, punitive damages in egregious cases, reinstatement and attorney fees. FMLA violations carry lost wages, liquidated damages and attorney fees.
Deadlines
- CFRA, PDL and accommodation claims: a complaint with the Civil Rights Department within three years (Government Code section 12960), then a lawsuit within one year of the right-to-sue notice.
- FMLA claims: two years, or three for willful violations, filed directly in court.
- Paid sick leave and Labor Code retaliation: a Labor Commissioner complaint within one year (section 98.7), or a civil claim within two years.
What to do if your leave is denied or you are fired for taking it
- Put the leave request in writing, state the reason and the expected dates, and keep the medical certification and every response.
- Ask the employer, in writing, for the reason for a denial or for the failure to reinstate.
- Keep working and cooperating with reasonable requests for certification; do not abandon the job.
- Do not sign a resignation or release under pressure.
- Talk to a lawyer before the deadlines above run.
How Abdi & Associates can help
Abdi & Associates, Inc. helps individuals with leave of absence and reinstatement claims throughout California. We determine which leave laws cover you, evaluate interference and retaliation claims, preserve the deadlines, and, where a case calls for it, work with experienced employment trial counsel we trust while staying involved in your case. When the leave was for a work injury, we handle the workers’ compensation claim and any Labor Code section 132a petition in-house. We work remotely, by phone, video and secure electronic signature. The consultation is free. Call (888) 772-2529.
Frequently asked questions
Can my employer fire me while I am on medical leave?
Not because of the leave. An employer may still terminate for a legitimate, unrelated reason, such as a layoff that would have happened anyway, but it bears the burden of proving that, and timing is powerful evidence.
My employer has fewer than 50 employees. Do I have any leave rights?
Yes. CFRA, pregnancy disability leave, paid sick leave and bereavement leave all apply to employers with five or more employees, and paid sick leave applies to all employers.
Can my employer make me use vacation during leave?
An employer may require you to use accrued vacation during unpaid CFRA leave, except during periods when you receive State Disability Insurance or Paid Family Leave, and it may not require you to use sick leave for bonding leave.
See also pregnancy discrimination, disability discrimination and the employment law overview.
Sources: Cal. Gov. Code §§ 12940, 12945, 12945.2, 12945.6, 12945.7, 12960; Cal. Lab. Code §§ 98.7, 132a, 230, 230.1, 230.8, 246, 246.5; Cal. Mil. & Vet. Code §§ 394, 395.10; 29 U.S.C. §§ 2601 et seq. (FMLA); 38 U.S.C. §§ 4301 et seq. (USERRA); Cal. Code Regs., tit. 2, §§ 11087 et seq.
Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: September 4, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm the deadlines that apply to your case with a lawyer.