Answer FileEmployment

What family and medical leave can I take in California?

The answer, cited

Up to 12 workweeks of job-protected leave in a 12-month period under the California Family Rights Act (Government Code section 12945.2) — for your own serious health condition, a family member's care, or new-child bonding — at employers with five or more employees, after 12 months of service and 1,250 hours worked.

The California Family Rights Act (Government Code section 12945.2) provides up to 12 workweeks of job-protected leave in a 12-month period for an employee's own serious health condition, care of a family member, or bonding with a new child. It applies to employers with five or more employees and covers employees with 12 months of service and 1,250 hours worked in the prior year. CFRA is broader than the federal FMLA: it reaches small employers and a wider family circle, including grandparents, siblings, parents-in-law, and one designated person chosen by the employee. The leave itself is unpaid, but California's Paid Family Leave program pays partial wage replacement for up to eight weeks of family care or bonding (Unemployment Insurance Code section 3301), and State Disability Insurance covers the employee's own condition. Pregnancy disability leave is separate — up to four months (Government Code section 12945) — and CFRA bonding leave can follow it. Retaliation for taking protected leave is unlawful.

Authority: Cal. Gov. Code § 12945.2

Legal information, not legal advice.

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