California Leave of Absence - Why Employers Must Understand Compliance
California leaves of Absence - Why should employers with California-based employees be aware of the laws that regulate leaves of absence? Why should you know how to respond to an employee requesting and/or taking a leave of absence? Well, dealing with leave of absence is an inevitable part of being in a leadership role. Liability costs for non-compliance can be staggering. Just as important is the cost of damaged employee relations and engagement as well as external organizational reputation.
"A leave of absence (LOA) is unpaid leave that allows an employee to be off work for an extended period of time and return to his/her former position when the leave ends.
The criteria for granting an unpaid LOA are stated in California Department of Human Resources (CalHR) Rule 599.781 and in the Memoranda of Understanding (MOU)."
-(DGS Office of Human Resources).
Scenario
You have a team member who handles most of your company's accounts. As his manager, you depend on him to get most of your team's job done. Unfortunately, a member of his family suddenly falls very ill and he needs to take some time off from work.
While your team member is away, you call him over the phone or send emails stating that his work is piling up. You tell him that his colleagues are struggling with the extra workload. You also tell him that you may have to hire a replacement. As the pressure continues to mount, you become vulnerable to a possible violation of employee rights. The team member might be forced to seek the help of an Employment Attorney and pursue a case against the employer.
Although the above scenario may apply to other states, in this article we apply it to the state of California. There are laws in the state of California that govern which type of leaves are legal for taking a leave of absence. These laws prohibit employers from terminating the employee and regulate how an employee must respond to protected leaves.
The Laws
'FMLA is a federal law that permits employees to take a maximum of 12 workweeks (or 26 for military caregiver leave) of unpaid leave during a 12-month period for: an employee's own serious health condition; care of a spouse, child, and parent with a serious health condition; to bond with a newborn or newly placed child under adoption or foster care; and for qualifying military reasons.
CFRA is a California State law that permits employees to take a maximum of 12 workweeks of unpaid leave during a 12-month period for: an employee's own serious health condition (does not cover pregnancy disability); care of a spouse, domestic partner, child, and parent with a serious health condition; and to bond with a newborn or newly placed child under adoption or foster care. CFRA runs concurrently with FMLA if the employee meets the requirements for both benefits.
PDL is a California State law that permits employees to take a maximum of 4 months (17.333 workweeks) of unpaid leave for pregnancy disability per pregnancy. PDL runs concurrently with FMLA (if eligible) for prenatal care, childbirth recovery, or related medical condition.'
Abuse and Fraud of Protected Leaves are Rampant
Some employers struggle with abuse and fraud of protected leaves of absence. For example, there are situations where real, approved, FMLA leaves are used for non-FMLA purposes. Also, the medical condition in question has been misrepresented to the employer or medical professional by some employees by altering the medical documentation. Understanding LOA compliance will help employers deal with such abuse and fraud of protected leaves.
The Business Interests
Many employers feel uncertain about how they can avoid complex leave of absence issues while protecting their own financial and business needs. The overlap between pieces of legislation is often confusing and seemingly complicated. All three pieces of legislation provide ways in which an employer can identify an employee's need for leave while vigilantly remaining alert to potential leave abuse. Understanding these regulations can help employers gain more confidence in dealing with LOA issues and protect business interests.
Leave of Absence
You will do well to understand the leave required by the law and the optional leave that you can provide to your employees because different types of leaves can interact with each other.
- COVID-19: Federal, State and Local Leave Issues
- Family and Medical Leave
- Pregnancy Disability Leave (PDL)
- Paid Family Leave (PFL)
- Paid Sick Leave (PSL)
- Vacation, Paid Time Off and Holidays
- Organ and Bone Marrow Donor Leave
- Crime Victim's Leave
- Crime or Abuse Victims' Leave
- Jury Duty or Witness Duty Leave
- Military Service Leave
- School Appearance and Activity Leave
- Volunteer Civil Service Leave
- Voting Leave
- Other optional leaves that help employers respond to employees needs and
- Extended Disability Leave
- Bereavement Leave
- Personal Leaves of Absence
- Unpaid Personal Leave
- Education Leave
- Sabbatical
Protected Leave of Absence in the State of California
An employee can take leave to:
- Care for a spouse, parent, or child who is severely ill
- Recover from his/her own serious injury or illness
- Spend time with his/her newborn
- Resolve nonmedical issues related to a family member in the military
- Care for an immediate family member who became seriously injured or ill due to military service
- Take care of herself due to pregnancy or childbirth complications
- Attend school activities of his/her child
- Care for self after a domestic violence incident
How can you continue to keep yourself up-to-date with the Regulations that govern California leave of absence?
You can stay on top of regulatory compliance by attending our relevant training, webinars, and seminars. Browse our HR Regulatory Compliance Training page to enroll for training.
FAQs on California Leave of Absence - Understanding Compliance
1. What are the main types of legally protected leave in California?
Employers need to understand at least three major leave types: the Federal FMLA (Family and Medical Leave Act), California CFRA (California Family Rights Act), and PDL (Pregnancy Disability Leave). These govern different kinds of leave – for serious health conditions, family-care, bonding with a child, and pregnancy-related disability.
2. How long can an employee take CFRA leave?
Eligible employees may take up to 12 workweeks of unpaid, job-protected leave under CFRA during a 12-month period.
3. Does Pregnancy Disability Leave (PDL) run concurrently with FMLA?
Yes — in many cases, PDL (for pregnancy-related disability) can run at the same time as FMLA leave, depending on eligibility.
4. How much PDL is an employee entitled to?
Employees may take up to four months (17 1/3 weeks) of PDL for pregnancy, childbirth, or related medical conditions.
5. Are CFRA and FMLA always counted together?
They often run concurrently when both apply — but there are exceptions. For example, PDL (pregnancy disability) may not count fully under CFRA, so the overlap varies.
6. Can employers require employees to use their paid leave (sick or vacation) during FMLA/CFRA?
Yes, in some cases. Employers may require or permit employees to use accrued paid leave (like vacation or sick time) concurrently with FMLA/CFRA leave, based on their policies.
7. Do health insurance benefits continue while an employee is on FMLA, CFRA or PDL?
Yes — during FMLA or CFRA leave, the employer must maintain the employee’s health coverage on the same terms.
8. What about fraud or abuse of leave — is that a real risk?
Yes. The article highlights that misuse of protected leave (e.g., misrepresenting medical conditions, falsifying documentation) is a known compliance challenge for employers.
Employers should have robust processes to verify certifications, track leave usage, and flag suspicious patterns.
9. How should an employer handle intermittent leave or reduced work schedules?
Employers must track leave carefully (including intermittent or reduced-schedule leave), maintain documentation, and ensure compliance with both state and federal regulations.
Clear policies and good communication with employees can help manage this smoothly.
10. Are there circumstances when job restoration can be denied after leave?
Yes — for example, a “key employee” (a highly paid person) might not be reinstated if restoring them would cause substantial and grievous economic injury to the business.
But such decisions must follow strict legal criteria.
