A “leave of absence” in California is when you temporarily take time off work, but with the intention of returning to work and keeping the job.
When the leave period ends, you can return to work in the same or an equivalent position. If the employer denies leave or does not let you return, a lawsuit can be filed.
In California, if you are eligible, you can make use of the following types of paid or unpaid leave for the following time periods:
| Type of leave of absence in California |
Maximum length of absence | Paid or unpaid |
| Bereavement Leave | 5 days | Unpaid |
| Crime Victims Leave | As long as necessary | Unpaid |
| Domestic Violence Victim Leave | As long as necessary | Unpaid |
| Drug or Alcohol Rehab Leave | Reasonable accommodations | Unpaid |
| Family Sick Leave under CFRA | 12 weeks | Unpaid |
| Family Sick Leave under FMLA | 12 weeks | Unpaid |
| Kin Care Leave | Half of your sick leave hours | Paid |
| Jury Duty or Subpoena Leave | As long as necessary | Unpaid |
| Leave for School Activities | 40 hours per year | Unpaid |
| Literacy Education Leave | Reasonable accommodations | Unpaid |
| Military Injury Leave | 26 weeks | Unpaid |
| Military Spouse Leave | 10 days | Unpaid |
| New Parent Leave | 12 weeks | Unpaid |
| Organ or Bone Marrow Donor Leave | 5 days for bone marrow, 30 days for an organ donation | Unpaid |
| Paternity Leave | 12 weeks | Unpaid |
| Pregnancy Disability Leave | 4 months | Unpaid |
| Reproductive Loss Leave | 5 days | Unpaid |
| Sick Leave | 5 days or 40 hours a year | Paid |
| Voting Leave | Sufficient time to vote | Paid (up to 2 hours) |
Below our Los Angeles labor law attorneys answer the following frequently-asked-questions about leaves of absences in California.
- 1. Do I have to give notice before taking a leave of absence?
- 2. Do I get paid for my leave of absence in California?
- 3. Can I collect unemployment during my leave?
- 4. Do I get my old job back?
- 5. Can my employer deny a request for a leave of absence in California?
- 6. Can I sue if I am fired for taking leave?
- 7. What can I do if my employer will not let me take leave?
- 8. How do I write a leave of absence request?
- 9. What types of leave of absence can I take in California?
- Additional resources
1. Do I have to give notice before taking a leave of absence?
Barring an emergency, give your employer “reasonable advanced notice” before taking a leave of absence in California. If you plan to leave work to vote, you have to give at least two working days’ notice.
2. Do I get paid for my leave of absence in California?
Only the following types of leave have to be paid under California law:
- sick leave,
- kin care leave, and
- voting leave.
All other types of leave can be unpaid. However, some employers choose to pay for certain types of leave. These company policies will be in the employment contract, collective bargaining agreement, or employee handbook.
Additionally, you may be eligible for temporary disability insurance or a paid family leave (PFL) program. If you were hurt or made sick on the worksite, you may also be paid workers’ compensation.
3. Can I collect unemployment during my leave?
In California, if you take a leave of absence from work, you may be eligible for unemployment benefits through the Paid Family Leave (PFL) program. PFL provides up to 8 weeks of unemployment benefits in a 12-month period. Those benefits are between 60 and 70 percent of your weekly wage, prior to the injury.1
4. Do I get my old job back?
Nearly all forms of workplace leave include job protection. If you are on job-protected leave, you are legally entitled to your old job when you return from leave, or to a job that is substantially similar. A different job is generally similar if it has an equivalent:
- pay,
- benefits, and
- working conditions.2
If you are not offered your old job or a similar one, you can file a lawsuit and demand reinstatement.
5. Can my employer deny a request for a leave of absence in California?
Employers may deny employer-provided sick leave for reasons set out in the employment contract. However, they generally cannot deny your request if your leave is guaranteed under state or federal law.
Some situations where an employer can deny leave are if:
- your employer is not covered by the law,
- you are not legally eligible for leave,
- you ask family medical leave, but your family member’s condition is not serious enough,
- you provided insufficient notice, or
- you have not provided the necessary information to support your request (such as proof that your spouse is an active duty service member and is being deployed).
6. Can I sue if I am fired for taking leave?
Yes, you can file a wrongful termination lawsuit against your employer if your employer fires you for taking leave you are entitled to. You may be eligible for such damages as:
- back pay
- pain and suffering (emotional distress)
- punitive damages
- attorney’s fees
- job reinstatement
7. What can I do if my employer will not let me take leave?
If your employer is denying you leave that you are entitled to under California or federal law, first try to talk to HR or upper-level management. Failing that, contact an employment attorney to discuss your options. You may have grounds to:
- file a complaint with the California Labor Commissioner,
- file a complaint with the California Civil Rights Department, and/or
- file a traditional lawsuit.
8. How do I write a leave of absence request?
Keep the letter short and polite and include the following information:
- the first date of your leave,
- the date of your return to work, and
- sufficient support documentation so your employer can verify your request
In practice, employers like to know as soon as possible that you intend to take leave. Check your employee handbook – there may be a company policy giving you a deadline for requesting leave.
9. What types of leave of absence can I take in California?
Sick leave
California law entitles you, if you work more than 30 days in a year, to accrue at least one hour of sick leave for every 30 hours worked.3 You must be able to take at least 40 hours (or five days) of sick leave a year.4 This leave is paid, though the employer can limit the amount of sick time accrued to 80 hours per year.5
Note that, depending on your case, your employer may be required to give you leave once you notify them about your illness or disability – even if you have not been able to secure medical documentation or a diagnosis.6
Many cities and counties in California provide additional sick time or looser accrual restrictions.7
If you have exhausted your paid sick leave, you can take unpaid sick leave under the CFRA (discussed below).8 It also may be possible to take off work by using sick days or through Disability Insurance (DI).
Family sick leave under CFRA or FMLA
CFRA – California Family Rights Act
The California Family Rights Act (CFRA) lets you take up to 12 weeks of leave in a 12-month period to care for an eligible family member who has a serious health condition. You are eligible for CFRA leave only if:
- you have been employed for at least 12 months before starting CFRA leave, and
- you worked at least 1,250 hours for your employer, and
- your employer has 5 or more employees or is a political or civil subdivision of the State of California.
The leave is usually unpaid, unless you qualify for wage replacement benefits under:
While on leave, though, you are entitled to continue to receive your health insurance benefits.9 When the leave period expires, you are entitled to your old job, or to one that is nearly identical.10
FMLA – Family and Medical Leave Act
You can also take unpaid family sick leave under the federal Family and Medical Leave Act (FMLA). However, FMLA pertains only to private employers with at least 50 employees and government agencies.
To take FMLA leave, you must have worked there for at least one year and clocked at least 1,250 hours in the 12 months preceding the leave. In addition, you must be employed at a worksite where:
- 50 or more workers are employed (or were employed for at least 20 weeks in the current or previous year)
- within a 75-mile radius of that worksite.11
If you are ineligible for CFRA or FMLA leave, you may still have rights under the Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA) that require your employer to make reasonable accommodations for a disability.
Kin care leave
In California, you can use up to half of your paid sick time as kin care leave.12 This lets you use sick time to care for a family member who is sick.13
Unlike family sick leave under the CFRA or FMLA, kin care leave does not require the family member to suffer from a serious medical condition. Any sickness suffices.14
New parent leave
If you are eligible, CFRA entitles you to up to 12 weeks of leave in a 12-month period following the birth of a child, an adoption, or placement of a foster child.15 New parent leave under CFRA is unpaid, though you may be eligible for wage replacement benefits.
The CFRA entitles eligible workers in California to a leave of absence following the birth of a child or placement of a foster child.
Pregnancy disability leave
If you are an expectant mother “disabled” due to your pregnancy, California law gives you up to four months of unpaid pregnancy disability leave (PDL) – which is about 122 calendar days. This form of leave only applies if your employer:
- employs 5 or more people,
- is a state or local governmental entity, or
- is an agent of a covered employer.16
You are “disabled” if your healthcare provider thinks that you are unable to perform an essential job function due to your pregnancy.17
Paternity leave
Both the state CFRA and the federal FMLA provide 12 work weeks per year of paternity leave for eligible new fathers. This leave is meant to allow you to bond or connect with a newborn child, adopted child, or child in foster care. It is generally unpaid, though you may be eligible for wage reimbursement through the California Paid Family Leave (PFL) Program.
Paternity leave under the CFRA must be taken within 1 year of:
- the birth of the new child, or
- the date of a serious health condition.18
Many employers offer paid bereavement leave for employees.
Bereavement leave
In California, if your employer has five or more employees, CFRA guarantees you five days of unpaid bereavement leave for a deceased:
- spouse or domestic partner,
- child,
- parent,
- sibling,
- grandparent,
- grandchild, and
- parent-in-law.19
Voting leave
If you cannot vote in a statewide election outside of working hours, you are entitled to take off enough time at the start or end of your shift to vote.
Voting leave is paid for the first two hours off. You have to give your employer at least two working days of notice that you intend to take voting leave.20
Crime victim leave
In California, you are entitled to unpaid crime victim leave to participate in:
- judicial proceedings related to an eligible crime (including pre-trial proceedings, trials, sentencing, and post-conviction proceedings), or
- a proceeding involving victims’ rights.21
In order to be entitled to take this leave of absence, you must provide your employer reasonable advance notice, if feasible.22
Domestic violence victim leave
If you are a victim of domestic violence in California, you are entitled to leave to get a restraining order or other injunctive relief to safeguard your child. If your company has 25 or more employees, you are also entitled to leave to:
- seek medical care for injuries caused by crime or abuse,
- obtain services from a domestic violence shelter, program, victim services organization, or rape crisis center,
- get psychological counseling, or
- participate in safety planning to prevent future abuse, including relocation.
The leave is unpaid, but you can use paid time off (PTO) on these days, instead.23
Jury duty and subpoena leave
Both federal law and California law guarantee unpaid leave if you have been called to jury duty or to testify in court as a witness. It lasts for as long as necessary, given the trial or other court proceeding. You have to give your employer reasonable notice that you have been called to serve on a jury.24
The FMLA provides up to 26 weeks of unpaid leave in a 12-month period for you to care for a sick or injured military service member.
Military injury leave
If your employer has at least 50 employees, the FMLA provides up to 26 weeks of unpaid leave in a 12-month period for you to care for a sick or injured military service member. The service member has to be your:
- spouse,
- child,
- parent, or
- next of kin.25
Military spouse leave
If your California employer has 25 or more employees, you are entitled to 10 days of unpaid leave if you are the spouse of a military service member who is deployed during a period of military conflict. You can take this leave of absence at any time during your spouse’s deployment.26
Parental leave for school activities
If your employer has 25 or more employees, you can take up to 40 hours of unpaid school activity leave each year to:
- participate in school or child care activities with your child,
- find, enroll, or re-enroll your child in a school or at a licensed child care provider, or
- address a school or child care emergency.
It is also only available if you have used all vacation, personal leave, or other paid time off already.27
Literacy education leave
Employers with 25 or more employees must let you take unpaid literacy education leave.28
This type of leave does not entitle you to time away from the workplace. Instead, your employer has to:
- make reasonable accommodations for you and
- help you find and enroll in a literacy education program or arrange for a tutor or other teacher to visit your place of work.29
Leave for drug or alcohol rehab
Employers with 25 or more employees are legally obligated to provide leave for drug or alcohol rehabilitation. It is unpaid leave, though you may use sick time, instead.
Employers are also required to make reasonable efforts to keep your enrollment in a treatment program private.30
Organ or bone marrow donor leave
If your California employer has 15 or more employees, you are entitled to:
- 30 days of unpaid leave to donate an organ, or
- 5 days of unpaid leave to donate bone marrow.
Employers can require bone marrow donors to take a form of paid time off, instead, and can require organ donors to use two weeks of paid time off, first.31
Reproductive loss leave
Workers at a California company with no less than five employees can take five days of unpaid leave within three months of a:
- failed adoption,
- failed surrogacy,
- miscarriage,
- stillbirth, or
- an unsuccessful assisted reproduction.32
Additional resources
For more information, refer to the following:
- What Is A Leave Of Absence? Everything You Need To Know – Guide by Forbes.
- How to Ask for a Leave of Absence From Work (With Examples) – Discussion by the U.S. News and World Report.
- Why Time Off Is So Good For Your Health – Overview by EverydayHealth.com.
- Ask an Expert: How Do I Ask for Time Off in a New Job? – Tips by Harvard Business Review.
- Protecting Your Job While Coping with a Chronic Illness – Article by The New York Times.
Legal References:
- State of California: Employment Development Department, “Overview of California’s Paid Family Leave Program – 2022.” To be eligible for unemployment benefits through PFL, you must: 1) be employed or actively looking for work when the period of leave began, 2) be unable to do your regular job, 3) have had at least $300 withheld from wages in State Disability Insurance (SDI) deductions in a 12-month period of time before going on leave, and 4) lose wages in order to: care for a seriously ill family member or designated person; bond with a new child; or help a spouse, parent, child, or registered domestic partner in your military deployment to a foreign country by making financial arrangements, caring for your offspring or parents, attending a military-sponsored event, or helping the military member during a rest and recuperation military leave.
- Department of Labor, “Family and Medical Leave Act Advisor.” Historically, workers risked being terminated if they took time off of work. California has become one of the most worker-friendly states for job-protected leave.
- California Labor Code 246(b)(1) LAB. Healthy Workplace Healthy Family Act of 2014 (AB 1522). In addition to the state and federal employment laws that provide leaves of absence, there are also local leave laws that may cover you.
- Same.
- California Labor Code 246(d) LAB.
- See California Senate Bill 95. See also Ross v. County of Riverside (Court of Appeal of California, Fourth Appellate District, Division One, 2019) 36 Cal. App. 5th 580 (the employer was aware of the employee’s medical condition and should have accommodated him even though he had no provided support documentation yet).
- See, for example, Oakland Sick Leave Law (allows workers to accrue 40 hours of sick leave if their employer has 10 employees or fewer, or 72 hours of sick leave if their employer has 11 or more workers). The Paid Sick Leave Ordinance in the city of Los Angeles requires employers to provide paid sick leave if you work at least two hours in a week for the same employer for 30 or more days in a year. Los Angeles Municipal Code 187.04.
- California Government Code 12945.2(b)(4)(C) GOV. See also: Avila v. Continental Airlines, Inc. ( Faust v. California Portland Cement Co. (
- California Government Code 12945.2(e) GOV.
- Same. See also Meza v. Naleo Educ. Fund (Superior Court of California, County of Los Angeles, 2023) 22STCV34671. California Government Code 12945.2(b)(4)(B) GOV. Assembly Bill 1041. California Government Code 12945.2(b)(12) GOV. California Government Code 12945.2(a) GOV. If you are an eligible employee of a covered employer, you can take CFRA leave to care for certain family members, including a child, foster child, spouse, registered domestic partner, parent, grandparent, grandchild, sibling, or designated person (any individual related by blood or whose association with the employee is the equivalent of a family relationship). These family members have to be suffering from a serious health condition. Such a qualifying condition is a physical or mental condition that requires: inpatient care at a hospital, hospice, or residential health care facility, or continuing treatment or supervision by a health care provider. See also Senate Bill 1383.
- 29 USC 2601 et seq.
- California Labor Code 246.5(a)(1) LAB.
- California Labor Code 245.5(c) LAB.
- California Labor Code 233(a) LAB.
- California Government Code 12945.2(b)(4) GOV. This type of leave of absence used to be covered by the California New Parent Leave Act (NPLA). However, this law was repealed by Senate Bill 1383 in 2020 and the coverage that it provided was shifted into the CFRA.
- California Government Code 12926(d) GOV. See, for example: Malloy v. Superior Court (Sanchez v. Swissport, Inc. (
- Cal. Code of Regs. (CCR) Title 2 § 11035(f). Some conditions that can arise to the level of a disability for pregnancy leave include: severe morning sickness, gestational diabetes, hypertension, preeclampsia, and loss of pregnancy.
- 2 CCR § 11090.
- Assembly Bill 1949. This time is typically used to plan and attend a funeral and make other arrangements. There are no federal laws that guarantee you the opportunity to take bereavement leave.
- California Elections Code 14000 ELEC.
- California Labor Code 230.2 LAB. California Labor Code 230.5 LAB.
- California Labor Code 230.5(b) LAB. You can use paid time off, like a vacation day, for crime victim leave.
- California Labor Code 230(c) LAB. California Labor Code 230.1 LAB (You must provide your employer with reasonable advance notice, unless it is not feasible to do so.).
- California Labor Code 230(a)-(b) LAB and 28 USC 1875. Employers are allowed to demand proof of jury service or testimony. You can request this documentation from the court.
- 29 CFR 825.127.
- California Military and Veterans Code 395.10 MVC. To be eligible, though, you must work 20 or more hours per week, and not as an independent contractor, notify your employer of your intent to take military spouse leave within two days of receiving notice of your spouse’s upcoming deployment, and provide proof of that deployment.
- California Labor Code 230.8 LAB. You must provide notice of your intent to take school activities leave. To have eligibility, you must work at an employer that has 25 or more employees, and either be a parent or a licensed child care provider. Eligible parents include parents, legal guardians, stepparents, foster parents, grandparents, or someone else who stands in loco parentis to the child.
- California Labor Code 1041 LAB.
- California Labor Code 1041 and 1042 LAB. Also, your employer has to refrain from retaliating against you for your illiteracy, and take reasonable efforts to keep your illiteracy private.
- California Labor Code 1025 and 1028 LAB. Employers are not allowed to retaliate against you for seeking rehab, unless you would be unable to perform your job duties without endangering someone. This type of leave requires these employers to provide reasonable accommodations for you if you voluntarily want to enter a treatment program.
- California Labor Code 1510(a) LAB, also known as the Michelle Maykin Memorial Donation Protection Act. California Labor Code 1510(c) LAB. California Labor Code 1510(g) LAB. It is up to you to verify that you are a donor and that there is a medical necessity for the donation.
- Per Government Code 12945.6 (SB 848). If an employee has more than one reproductive loss event within a year period, the employer is not obligated to give more than 20 days total of reproductive loss leave.