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The Law Protects You During Leaves Of Absence

Workers need time off to care for themselves and their loved ones. There are numerous California laws that provide protection for medical and family leaves, including the types of leave listed below:

  • Pregnancy Disability Leave
    • For a disability related to pregnancy, up to 4 months, or longer if provided by Company’s Disability Leave policy
  • Family and Medical Leave  (FMLA)
    • Up to 12 weeks of leave for:
      • The birth of a child;
      • The placement of a child with an employee for adoption or foster care
      • To care for a parent, child, spouse or registered domestic partner with a serious health condition
  • California Family Rights Act (CFRA)
    • Same time limits and purpose as FMLA, above
  • Disability Leave
    • Under a Company policy, all disability leaves should be permitted for the same duration
    • As a form of reasonable accommodation unless undue hardship
  • Personal Leave
    • Under Company policy or with permission of employer
  • “Kin Care” Leave
    • To care for a sick family member, up to ½ of Employee’s accrued annual sick leave
  • Workers’ Compensation Leave
    • For on the job injury
  • Alcohol and/or Drug Rehabilitation Programs
    • If 25 or more employees
    • By request of employee
    • Provided no undue hardship to employer
  • Military Leave
    • For a member of the reserve corps of the U.S. Armed Forces, the National Guard or the National Militia
    • Up to 17 days per year while engaged in military duty
  • Parent , Grandparent or Guardian of a Child in School
    • Up to 40 hours per year for Employee to participate in school or day care activities of child.
    • If visit is required by school, Employee can appear at school
    • Must give Employer reasonable advance notice.
  • Literacy Assistance
    • Reasonable accommodation for Employee to attend literacy program or to arrange visits of an instructor to job site, provided no undue hardship to Employer.
  • Court Time
    • To serve as a juror
    • To appear as a crime victim witness
    • To obtain relief from domestic violence
    • Employee must give reasonable notice to Employer.
  • Emergency Duty
    • Leaves of absence required for Employees performing emergency duty as a volunteer firefighter, reserve police officer or emergency rescue person.
  • Voting
    • Up to 2 hours to vote at beginning or end of shift.

If you take one of these leaves, you may be entitled to the same or a comparable job upon your return from the leave.
Access to income during leave is a critical issue for most families. If you contribute to the California State Disability Insurance (SDI) fund, you are eligible to receive income replacement through two state-run insurance programs during leave:

  • Employees on leave for their own serious health condition, including pregnancy-related leave, may receive Disability Insurance (DI).
  • Employees on leave to care for a seriously ill family member or bond with a new child may receive Paid Family Leave (PFL) for up to 6 weeks.