Know Your Rights · Guide II of IV
California's job-protected leave in plain terms: who qualifies, how to ask, what happens to your pay and health insurance, and your right to come back.
Talk to a lawyer: (310) 203-2650General information about California law, not legal advice. Reading this does not create an attorney-client relationship.
The California Family Rights Act (CFRA) gives eligible employees up to 12 weeks of job-protected leave in a 12-month period. You may qualify if:
What to do
Check your pay stubs or timecards for the hours you worked in the last 12 months.
Law:Gov. Code § 12945.2(a), (b)(4)(A); CACI No. 2601
Pregnancy disability is covered by a separate law. See the pregnancy card.
What to do
Write down whose care you need to provide and why, and get a note from the treating provider.
Law:Gov. Code § 12945.2(a), (b)(2); CACI No. 2600
What to do
Ask in writing, give the expected start date and length, and keep a copy. Give a specific return date, not 'indefinite.'
Law:CACI Nos. 2602, 2610
When CFRA leave ends, you are guaranteed the same or a comparable job. Comparable means the same or very similar duties, pay, benefits, working conditions, and schedule, at the same or a nearby location.
An employer that fires or lays you off during leave has to prove it would have happened anyway, and that your leave was not a reason.
What to do
If you come back to a different shift, location, or duties, write down exactly what changed.
Law:Gov. Code § 12945.2(a); CACI Nos. 2603, 2612
What to do
Keep every message about your leave request and the employer's response.
Law:Gov. Code § 12945.2(k), (q); CACI Nos. 2600, 2620
Treated as a “resignation” while on medical leave
Bareno v. San Diego Community College District (2017) · California Court of Appeal
An administrative assistant took approved medical leave. She said she emailed her supervisor a doctor's note extending it, but the college said it never got the request. After five more days out, the college treated her as having quit, and it refused to reconsider when she provided medical information.
There was enough evidence for a jury to decide whether the college retaliated against her for taking protected medical leave. The court reversed the employer's win.
Send every leave request and doctor's note in a way you can prove, and keep copies.
This is a published court decision. Benjy Law Corporation was not involved in the case. Facts are as described in the court's opinion. The decision states a legal rule; it does not predict how any other case will turn out.
If you still cannot return when protected leave ends, your employer may have to consider more time off as a disability accommodation, as long as you have an expected return date. It must talk with you before deciding.
What to do
Get a doctor's note with a specific expected return date. Never ask for 'indefinite' leave.
Law:Gov. Code § 12940(m), (n); Sanchez v. Swissport, Inc. (2013) 213 Cal.App.4th 1331
High-risk pregnancy, leave used up
Sanchez v. Swissport, Inc. (2013) · California Court of Appeal
A cleaning agent was diagnosed with a high-risk pregnancy that required bed rest, and she took leave. Her employer fired her when her pregnancy disability leave ran out, even though it knew her due date was months away.
Using up pregnancy disability leave does not end the employer's duties under FEHA. Additional leave can be a reasonable accommodation. The court reversed the dismissal of her case.
If you need more time than the leave law gives, ask in writing for additional leave as an accommodation.
This is a published court decision. Benjy Law Corporation was not involved in the case. Facts are as described in the court's opinion. The decision states a legal rule; it does not predict how any other case will turn out.
California's Paid Family Leave program pays up to eight weeks of partial wage replacement when you take time off to care for a seriously ill family member, to bond with a new child within a year of birth, adoption, or foster placement, or for certain military family needs.
But Paid Family Leave is a payment, not a right to time off. Your right to take leave and get your job back comes from CFRA or pregnancy disability leave.
What to do
Apply for Paid Family Leave with the EDD promptly. The claim is due within 41 days of your first day off, unless you have good cause. Separately, ask your employer in writing for CFRA or pregnancy leave.
Law:Unemp. Ins. Code § 3301(a), (d), (e)
In some situations, an employer can recover the premiums it paid if you do not come back after leave.
What to do
Check your pay stub during leave to confirm your health coverage was not dropped.
Law:Gov. Code §§ 12945(a)(2)(A), 12945.2(e)(1)
Your employer does not have to pay you for CFRA leave. But you may choose, or your employer may require you, to use accrued vacation or other paid time off during the leave.
If the leave is for your own serious health condition, sick leave can also be used. Sick leave generally cannot be used for baby bonding or caring for a family member unless you and your employer agree.
What to do
Ask HR in writing how your leave will be paid, and keep the answer.
Law:Gov. Code § 12945.2(c), (d)
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