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California Leave Laws
Leave Entitlement

Medical Health Care Vacation, PTO,
Option Coverage Leave Reinstatement
Certification Benefits & Sick Leave
Workplace injury.
Paid leave (by carrier) Degree of injury, If concurrent with Light duty, modified
All employers. Consistent with how duty, full-time once
Workers’ while out of work expected recovery, FMLA (12 weeks) other employees are
Compensation (WC) Employees covered until permanent & current condition, fit and/or employer treated on leave. P&S, unless job
at date of hire. legitimately
stationary (P&S) or for duty. policies.
light duty available. eliminated.
Suggested but not
Leave as a
Fair Employment & reasonable Can be required. Continuation of May require use of absolute. Extended
Housing Act (FEHA) accommodation for Second opinion at health benefits per vacation/PTO and leave not required.
(Disability Law) disability. Unpaid employer’s expense. company policy. sick pay if Light duty or new
leave. No specific consistent. * position not
5 or more timeframe. required. Undue
employees. Covered hardship defense.
at date of hire.
Up to 4 months of
unpaid leave only for The existence of a May require sick pay Absolute unless job
Pregnancy Disability period of disability. disability or Up to 4 months’ use during unpaid is legitimately
Leave (PDL) (See back for SDI) complication. continued coverage. periods. * eliminated.
50 or more 12 weeks May require use of Absolute unless job
Family & Medical employees within 75 continuous/ Can be required. Normal cost sharing. vacation/PTO. Sick is legitimately
pay only for
Leave Act and California miles. Employee intermittent unpaid Second opinion at Employer pays for 12 employee’s own eliminated or
Family Rights Act must work 1,250 hrs leave for serious employer’s expense. weeks. Employee accommodation.
(FMLA/CFRA) in preceding year, health condition or pays his/her share. condition. May Light duty can be
with 12 months of to care for family. negotiate for use refused.
service. with relatives. *
* Requiring use of these leaves may also be affected by WC, SDI, and PFL payments.
This material is offered for general information only. It does not provide, and is not intended to provide, legal advice. Edition: 04.0414

Wage Replacement
Option Coverage Payments Note: These charts are provided for general information only and
summarize the basic leave of absence rules under the federal Family and
Medical Leave Act (FMLA) and state California Family Rights Act (CFRA). It
All employees who have After 7-day waiting period, is not meat to be all-inclusive. Federal FMLA information can be found at
State Disability earned at least $300 in up to 52 weeks of benefits, www.dol.gov/whd/fmla/ and California information can be located at
Insurance (SDI) qualifying wages in 55% of base pay up to
previous period. $1,075 weekly cap. www.dfeh.ca.gov, www.dir.ca.gov, and www.edd.ca.gov. ThinkHR clients are
encouraged to review the leave of absence guidance available on our web
portal and may contact the ThinkHR Live Hotline for additional best
Waiting period applies
All employees who have unless transitioning from practice advice.
Paid Family earned at least $300 in SDI to PFL. 6 weeks of
Leave (PFL) qualifying wages in benefits, 55% of base pay
previous period.
up to $1,075 weekly cap.
**This illustration depicts a “typical” PDL, if your employee has any
complications during either the pregnancy or the childbirth the leave will
Short Term Check plan documents Check plan documents change accordingly.
Disability (STD) or with carrier. or with carrier.

Typical Pregnancy Disability Leave [If CFRA Baby Bonding Occurs Immediately Following PDL]**

Birth No Longer disabled
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
PDL CFRA
)0/$
SDI PFL Unpaid or Per CO. Policy
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This material is offered for general information only. It does not provide, and is not intended to provide, legal advice. Edition: 04.0414