FAMILY CARE &
MEDICAL LEAVE
& PREGNANCY
DISABILITY
LEAVE
Under California law, an employee may
have the right to take job-protected leave to
care for their own serious health condition
or a family member with a serious health
condition, or to bond with a new child (via
birth, adoption, or foster care). California
law also requires employers to provide job-
protected leave and accommodations to
employees who are disabled by pregnancy,
childbirth, or a related medical condition.
Under the California Family Rights Act of 1993 (CFRA), many
employees have the right to take job-protected leave, which is
leave that will allow them to return to their job or a similar job
after their leave ends. This leave may be up to 12 work weeks
in a 12-month period for:
the employee’s own serious health condition;
the serious health condition of a child, spouse, domestic
par
tner, parent, parent-in-law, grandparent, grandchild,
sibling, or someone else with a blood or family-like
relationship with the employee (“designated person”); or
the birth, adoption, or foster care placement of a child.
If an employee takes leave for their own or a family member’s
se
rious health condition, leave may be taken on an intermittent
or reduced work schedule when medically necessary, among
other circumstances.
Eligibility.
To be eligible for CFRA leave, an employee must
have more than 12 months of service with their employer, have
worked at least 1,250 hours in the 12-month period before the
date they want to begin their leave, and their employer must
have ve or more employees.
Pay and Benets During Leave.
While the law provides only
unpaid leave, some employers pay their employees during CFRA
leave. In addition, employees may choose (or employers may
require) use of accrued paid leave while taking CFRA leave
under certain circumstances. Employees on CFRA leave may
also be eligible for benets administered by the Employment
Development Department.
Taking CFRA leave may impact certain employee benets and
seniority date. If employees want more information regarding
eligibility for a leave and/or the impact of the leave on seniority
and benets, they should contact their employer.
Pregnancy Disability Leave.
Even if an employee is not eligible
for CFRA leave, if disabled by pregnancy, childbirth or a related
medical condition, the employee is entitled to take a pregnancy
disability leave of up to four months, depending on their
period(s) of actual disability. If the employee is CFRA-eligible,
they have certain rights to take both a pregnancy disability
leave and a CFRA leave for reason of the birth of their child.
Reinstatement.
Both CFRA leave and pregnancy disability leave
contain a guarantee of reinstatement to the same position or,
in certain instances, a comparable position at the end of the
leave, subject to any defense allowed under the law.
Notice.
For foreseeable events (such as the expected birth of
a child or a planned medical treatment for the employee or of
a family member), the employee must provide, if possible, at
least 30 days’ advance notice to their employer that they will
be taking leave. For events that are unforeseeable, employees
should notify their employers, at least verbally, as soon as they
learn of the need for the leave. Failure to comply with these
notice rules is grounds for, and may result in, deferral of the
requested leave until the employee complies with this notice
policy.
Certication.
Employers may require certication from an
employee’s health care provider before allowing leave for
pregnancy disability or for the employee’s own serious health
condition. Employers may also require certication from
the health care provider of the employee’s family member,
including a designated person, who has a serious health
condition, before granting leave to take care of that family
member.
Want to learn more?
Visit: calcivilrights.ca.gov/family-medical-pregnancy-leave/
If you have been subjected to discrimination, harassment, or
retaliation at work, or have been improperly denied protected
leave, file a complaint with the Civil Rights Department (CRD).
TO FILE A COMPLAINT
Civil Rights Department
calcivilrights.ca.gov/complaintprocess
Toll Free: 800.884.1684 / TTY: 800.700.2320
California Relay Service (711)
Have a disability that requires a reasonable accommodation?
CRD can assist you with your complaint.
For additional translations of this guidance, visit: www.calcivilrights.ca.gov/posters/required
CRD-100-21ENG / January 2023