Guide to Miscellaneous California Leave Laws
Employers with California employees should be familiar with the expansive leave protections provided for by California law. Predominant among such leave requirements are the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL). Likewise, employers should be familiar with adequately addressing Paid Sick Leave (PSL) to employees in California. However, these core leaves are just the beginning of employee leave protections in California. The state offers numerous additional leave entitlements that employers must recognize and incorporate into their policies. This guide highlights the most common of these additional leaves and provides key details employers should understand.
Each leave identified below includes a brief overview of employer coverage, employee eligibility, qualifying reasons for leave, and how accrued leaves may interact with the leave. This resource is designed to help you identify risks, update your policies, and ensure your HR team and managers understand these requirements. Contact Chapman Legal for a more detailed analysis of each leave and how it applies to your specific workplace circumstances.
Jury Duty Leave
California law requires employers of all sizes to allow employees to take time off when called for jury duty. There’s no set maximum duration — the leave lasts as long as the court requires. This leave is unpaid unless the employer has a policy of paying for this leave. Employees may elect to use accrued PSL, vacation, or other Paid Time Off (PTO) to cover their absence.
Witness Duty Leave
Employees who are subpoenaed or ordered to appear in court as a witness are entitled to unpaid protected leave. Like jury duty, this leave applies to all employers and lasts as needed. Employees may elect to use accrued PSL, vacation, or other PTO to cover their absence. Employers should clearly communicate this right and ensure managers understand the legal protections involved.
Victims of Qualifying Acts of Violence
California provides important protections for employees who are victims of domestic violence, sexual assault, stalking, or other qualifying acts of violence. For employers with 25 or more employees, California law requires that unpaid leave be provided to employees, or their family members, who are victims of qualifying acts of violence, in order to seek relief for their own, or their family member's, health, safety, or welfare. The term “family member” is defined broadly under California law to include a child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling, or any designated person whose association with the employee is equivalent to a family relationship. For both employees and family members, the law ensures employees can take time away from work without fear of retaliation in order to access the legal, medical, and support resources necessary to protect their health and safety.
Employers must permit employees to use Paid Sick Leave for this type of absence, as well as vacation, PTO, and other leaves. Notice requirements and documentation processes should be well established.
Crime Victim Leave for Judicial Proceedings
Employees who are victims of certain crimes — or who are immediate family members of a victim — are entitled to take leave to attend judicial proceedings. This leave applies to all employers and lasts as needed for each proceeding. Paid Sick Leave may be used where permitted, as well as vacation or PTO. Employers should maintain confidentiality and ensure HR policies address this entitlement.
Military and Military Spouse Leave
In addition to employees’ rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA), California law provides unpaid leave protections for employees at employers with 25 or more employees who serve in the military or National Guard. These employees are entitled to take up to 17 calendar days annually for purposes of military training, drills, encampment, naval cruises, special exercises, or similar activities.
These leave rights also extend to spouses and registered domestic partners of deployed service members if the spouse or partner works an average of 20 or more hours per week. Eligible spouses may take up to 10 days of unpaid leave during a qualifying leave period that meets the requirements of the statute, such as the service member’s leave from deployment in a combat zone.
Military-related leave is generally unpaid, but employees may choose to use accrued leave (e.g. PTO, vacation, other accrued paid leave) during their absence. Paid Sick Leave does not typically apply.
Employees are entitled to reinstatement rights following their leave and are protected from retaliation for exercising their rights under these laws.
Voting Leave
All employers must allow employees time off to vote if they do not have sufficient time outside of working hours on election day. Employees may take up to two paid hours for this purpose. Required notices must be posted in advance of statewide elections.
School Activities Leave
All California employers are prohibited from discharging or discriminating against an employee who both (i) is the parent or guardian of a student, and (ii) takes time off, with reasonable notice, to appear at school because the student was suspended. Such leave can be unpaid, subject to exempt salary-basis requirements. Additionally, employers with 25 or more employees must provide up to 40 hours per year to (i) find, enroll, or reenroll their child in a school or with a licensed childcare provider if reasonable notice is provided; (ii) participate in activities of the school or licensed childcare provider of their child if reasonable notice is provided; and address a childcare provider or school emergency if notice is provided. Employees may use existing vacation, personal leave, or compensatory time off during this leave.
Volunteer Firefighter, Reserve Police, and Emergency Rescue Leave
Employees volunteering as firefighters, reserve police, or emergency rescue personnel are entitled to unpaid leave when responding to emergencies. Employers with 50 or more employees must also provide up to 14 days per year for related training. Time off for emergency response is as needed. Employers should confirm this leave is reflected in handbooks and understood by management.
Alcohol and Drug Rehabilitation Leave
Employers with 25 or more employees must accommodate reasonable unpaid leave for employees voluntarily seeking treatment for drug or alcohol rehabilitation. Paid Sick Leave may run concurrently, as well as other accrued leaves. Employers must safeguard employee privacy and may require certification of participation.
Civil Air Patrol Leave
Employers with 15 or more employees must provide up to 10 days per year for volunteer members of the California Civil Air Patrol responding to emergency missions. Employees must have at least 90 days of service to be eligible. Employers may require certification of eligibility.
Employees may use accrued paid leave, as permitted under the employer's policies.
Organ and Bone Marrow Donor Leave
Employers with 15 or more employees must provide paid leave to employees who have been employed for at least 90 days in order for them to donate an organ or bone marrow. Organ donation allows up to 30 business days of paid leave (and an additional 30 business days of unpaid leave), while bone marrow donation provides up to 5 business days. The employee may use Paid Sick Leave during this time, as well as any other accrued leave under the employer's policies. An employer may require an employee to take up to five days of earned but unused sick leave, vacation, or paid time off for a bone marrow donation and up to two weeks for an organ donation, unless doing so would violate the provisions of any applicable collective bargaining agreement.
This protected leave may not be taken concurrently with FMLA.
Bereavement Leave
Employers with five or more employees must provide up to five days of bereavement leave following the death of a family member. This leave must be used within three months of the death. Employers must allow employees to use accrued paid leave, such as Paid Sick Leave, PTO, and vacation. Employers may require documentation of the death.
Reproductive Loss Leave
Employees experiencing a miscarriage, stillbirth, failed adoption, failed surrogacy, or unsuccessful assisted reproduction are entitled to up to five days of leave per event, with a cap of 20 days in a 12-month period. This leave must be completed within three months of the event. Employers must allow employees to use accrued paid leave, such as Paid Sick Leave, PTO, and vacation. This new leave should be clearly addressed in policies.
Emergency Conditions Leave
With certain exceptions, California law protects employees who refuse to work or leave a worksite they reasonably believe is unsafe due to emergency conditions, such as natural disasters. While the leave lasts only as long as the emergency persists, employers must understand these rights and protect employees from retaliation.
Compliance Recommendations for California Employers
California’s leave laws are complex and continually evolving. Employers should ensure compliance by:
Posting all required notices.
Maintaining clear, up-to-date employee handbooks that outline leave entitlements.
Providing proper training to HR professionals and managers on recognizing protected leave requests.
Implementing systems to track leaves and protect employee privacy.
Understanding when Paid Sick Leave may run concurrently with other types of leave.
Finally, employers should be aware of any locally mandated leave protections, such as San Francisco’s additional military leave and paid parental leave.
California Leave Law Compliance Support from Chapman Legal
Chapman Legal is dedicated to helping California employers stay compliant by providing tailored advice on employee leave laws, reviewing and drafting policies, offering training for HR teams, and assisting with leave-related disputes. If you want to ensure your policies are current and legally sound, or need guidance navigating a specific leave situation, contact Chapman Legal today.
