Navigating Employee Leave in California
A Guide for Employers to Comply with FMLA, CFRA, and California PDL
California’s employee leave laws are among the most comprehensive and complex in the nation. Between overlapping federal and state statutes and evolving benefits programs, California employers face significant compliance challenges. This guide provides a practical overview for managing employee leave requests from start to finish, helping California employers avoid liability and foster a legally compliant workplace.
Why Understanding California Leave Laws Matters
Understanding California’s leave laws is not just about legal compliance—it’s a critical business practice. Mishandling a leave request can result in costly lawsuits, administrative penalties, and reputational harm. With key laws like the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), Paid Sick Leave (PSL), Pregnancy Disability Leave (PDL), and Paid Family Leave (PFL), California employers must navigate a detailed web of employee leave obligations. These laws each provide distinct protections, rights, and eligibility criteria, requiring careful attention to detail.
FMLA and CFRA: Key Leave Laws for California Employers
Most employers are familiar with the FMLA, which provides eligible employees with up to 12 weeks of unpaid, job-protected leave for situations such as:
The birth or placement of a child through adoption or foster care
Caring for a child, spouse, or parent with a serious health condition
The employee’s own serious health condition that prevents them from working
Certain reasons related to a family member’s military service
In addition to complying with the FMLA’s requirements, California employers must be familiar with the CFRA, which is broader in scope and also provides 12 weeks of unpaid, job-protected leave for reasons similar to those under the FMLA. Notably, whereas the FMLA only covers employers that have 50 or more employees, the CFRA applies to employers with only 5 or more employees. Likewise, whereas FMLA eligibility requires an employee to work at a site with 50+ employees within a 75-mile radius, CFRA imposes no such geographic restriction. Even small employers must understand and comply with CFRA requirements.
CFRA also allows employees to take leave to care for a broader list of family members, including siblings, grandparents, grandchildren, and domestic partners, and allows bonding leave for a “designated person,” a right not available under FMLA.
Employers may designate an employee’s leave concurrently under FMLA and CFRA, provided the leave qualifies under both laws. However, unlike FMLA, CFRA excludes pregnancy-related disabilities from its coverage. Pregnancy disability leave is separately covered under California’s PDL.
California Pregnancy Disability Leave (PDL)
As noted, CFRA does not cover pregnancy-related disabilities. However, California’s Pregnancy Disability Leave Law (PDL) provides significant employee protections. Like CFRA, PDL applies to employers with five or more employees. PDL allows for up to 17 1/3 weeks of unpaid, job-protected leave for employees disabled by pregnancy, childbirth, or a related medical condition.
PDL may run concurrently with FMLA but does not run concurrently with CFRA. As a result, an employee could potentially take up to 29 1/3 weeks of protected leave—17 1/3 weeks under PDL, followed by 12 weeks of CFRA bonding leave.
Paid Family Leave (PFL) in California
California’s Paid Family Leave (PFL) program provides short-term wage replacement benefits to employees who need time off to:
Care for a seriously ill family member or designated person
Bond with a new child
Participate in certain qualifying military exigencies
PFL does not provide additional protected leave, but employers must ensure compliance with notice obligations and coordinate benefits appropriately. For example, as of January 1, 2025, employers may no longer require employees to use up to two weeks of accrued vacation before accessing Paid Family Leave benefits.
Leave as a Reasonable Accommodation: ADA and FEHA
Even when an employee has exhausted their rights under FMLA, CFRA, and PDL, they may still be entitled to additional leave as a reasonable accommodation under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA). This area is highly nuanced and often requires careful, individualized analysis. Unfortunately, existing case law does not provide clear guidance on the precise amount or length of leave that may be required as a reasonable accommodation. Whether additional leave is necessary, and how much, remains a fact-specific inquiry that must consider the needs of both the employee and the employer’s business operations.
In situations where the need for accommodation is not obvious, employers may request medical documentation to support the employee’s continued need for leave. However, California imposes additional restrictions on what information employers may request from healthcare providers. Specifically, California law prohibits employers from requiring a healthcare provider to disclose the employee’s diagnosis or specific medical condition. Instead, the documentation should focus solely on confirming the employee’s limitations, restrictions, and anticipated duration of leave.
Engaging in a compliant, interactive process with the employee and their healthcare provider is essential to determining whether additional leave beyond statutory entitlements is reasonable and appropriate. Given the complexity of this area, California employers are encouraged to seek legal counsel to ensure that their forms are compliant and to help them navigate these obligations while minimizing legal risk.
Additional Leave Laws for California Employers
In addition to the laws outlined above, California provides protected leave under various other statutes, including leave for:
Jury duty
Serving as a witness
Domestic violence survivors
Crime victims
Military service or military spouse
Voting
Volunteer emergency duties (firefighters, reserve police, civil air patrol)
Alcohol and drug rehabilitation
Organ and bone marrow donation
Bereavement
Reproductive loss
School activities and discipline
Emergency conditions
Employers must also stay informed about local leave ordinances in cities such as San Francisco, Los Angeles, Oakland, San Diego, Santa Monica, Berkeley, Emeryville, Long Beach, West Hollywood, and Pasadena, as these often impose additional requirements.
Best Practices for Managing Leave Compliance in California
Successfully managing leave in California requires more than just understanding the laws on paper—it demands careful attention to the various administrative and procedural obligations that can create liability if overlooked. Employers must be mindful of several key areas where mistakes commonly arise, including:
Providing adequate notices and adhering to required response deadlines
Accurately determining leave eligibility under overlapping federal and state laws
Diligently tracking leave usage and applying the correct increment of time
Properly applying any accrued Paid Sick Leave (PSL), Paid Time Off (PTO), or vacation benefits in conjunction with statutory leave rights
Handling medical certifications and related documentation in compliance with California’s strict confidentiality requirements
To mitigate risk, California employers should adopt the following best practices:
Post all required workplace notices and keep employee handbooks up to date
Maintain clear documentation for each leave request, including eligibility determinations, notices provided, and correspondence with the employee
Ensure certification forms and medical documentation requests comply with California law, particularly CFRA’s restrictions on medical information
Provide thorough training for HR personnel and managers to ensure consistent, lawful application of leave policies
Track leave accurately using appropriate increments and maintain proactive communication with employees throughout their leave
Given the overlapping and evolving nature of California’s leave laws, employers are strongly encouraged to work with experienced legal counsel. An attorney can help ensure that your policies, processes, and documentation are compliant with current legal standards and can provide practical guidance to avoid common pitfalls.
Get Help Navigating California’s Complex Leave Laws
Managing employee leave in California is a complex and high-risk area of employment law. Employers must navigate overlapping laws, evolving regulations, and nuanced obligations with care. If your business needs guidance with a specific leave request, drafting a compliant leave policy, or preparing the necessary notices and certification documents, Chapman Legal is here to help.
We partner with employers to create smart, compliant strategies for managing employee leave and reducing risk. Contact Chapman Legal today to schedule a consultation and protect your business.
