Taking Leave From Your Job in California Due to Illness or Emergency

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Needing to take a leave of absence or sick leave from work can be a stressful at this difficult time, especially if you are dealing with the lost of a home or other property. Whether you need time to recover from an illness, care for a loved one or address other personal matters, you have guaranteed rights under California labor law. This guide will walk you through how to request leave, what protections you may have, and how to communicate with your employer, so you can focus on what truly matters—your well-being.
While there are no specific
Paid Sick Leave in California
California law requires employers to provide employees with 40 hours or 5 days of paid sick leave per year.
To qualify you must work for the same employer for at least 30 days within a year and satisfy a 90-day employment period before taking any leave.
With some narrow exceptions, the paid sick leave law applies to all full-time, part-time, per diem, and temporary employees.
Under California law your employer does not have the right to inquire as to the reason for your using your allocated sick leave allowance.
For a full and comprehensive FAQ of everything you need to know about taking sick leave as an employee in California click here.
Taking a Leave of Absence
Unpaid Leave of Absence
The California Family Rights Act (CFRA), enforced by the Department of Fair Employment and Housing, allows eligible employees of businesses with 50 or more workers to take unpaid leave for family or medical reasons. To qualify, an employee must have worked for the employer for over 12 months and at least 1,250 hours in the past year. Employees can take up to 12 weeks of leave, either continuously or intermittently, with advance notice when possible.
Eligible employees may take up to 12 weeks of CFRA leave to care for their own serious health condition or a covered family member’s illness. Eligible employees may take the leave for a child, spouse, domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, or someone else related by blood or in a family-like relationship with a serious health condition.
A full explanation of the CFRA and your right to leave can be found here.
Paid Leave of Absence
An employee may be eligible for six weeks of paid leave under the Family Temporary Disability Insurance (FTDI) administered by the Employment Development Department (EDD). Beginning January 1, 2025, many new disability and Paid Family Leave (PFL) claims will be paid higher benefit amounts, including up to 90% of wages for individuals making less than $63,000 per year, and 70% of wages for higher income workers.
To see if you qualify and to submit and application through the EDD portal click here.
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