How Does Leave of Absence Work in California? Understanding CFRA and FEHA Leave Rights

Learn how leave of absence works in California including eligibility, duration, and employer obligations under CFRA and FEHA laws.

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In California, a leave of absence can arise under various laws including the California Family Rights Act (CFRA) and the Fair Employment and Housing Act (FEHA), allowing eligible employees up to 12 weeks of unpaid leave. Employees can take this leave for reasons such as personal illness, caring for a family member, or bonding with a new child. Employers must maintain health benefits during this time. To qualify, one must have worked at least 1,250 hours over the past year at a company with 5 or more employees. It's crucial to notify your employer as soon as possible and provide any required documentation.

FAQs & Answers

  1. Who is eligible for a leave of absence under California law? Employees who have worked at least 1,250 hours in the past 12 months at an employer with 5 or more employees are typically eligible for leave under CFRA and FEHA.
  2. How long can an employee take a leave of absence in California? Eligible employees can take up to 12 weeks of unpaid leave for qualifying reasons under California law.
  3. What reasons qualify for a leave of absence in California? Leaves can be taken for personal illness, caring for a family member, or bonding with a new child, among other protected reasons.
  4. Are employers required to maintain health benefits during a leave of absence? Yes, employers must continue to maintain the employee's health benefits during the leave period.