There are many circumstances that are contemplated by California law when an employee will have the right to take a leave of absence for up to three months. Such leave time is usually unpaid though. At the end of the leave, the employee can go back to work at the identical position or one that is substantially similar to it. A few employers even provide for wage replacement under the circumstances.
Federal and State Laws Contemplating Leave
As per federal law, the Family Medical Leave Law allows employees up to 12 weeks of unpaid leave for illness, caring for a family member or close relative or the birth or adoption of a child. State law in California falls under the California Family Rights Act. State law might not apply to highly paid executives though. It’s generally applicable to employers with five or more employees who have worked for the employer for 12 month and have worked for at least 1,250 hours in the last year.
Types of Leave and Time Off Allowed
As per the California Family Rights Act, here are the types of leave allowed and maximum leave time permitted :
- Sick or medical leave for a child or family member: 12 weeks in 12 months.
- New parent leave: 12 weeks in 12 months.
- Pregnancy disability: Up to 122 days.
- Family and Medical Leave: Up to 12 weeks.
- Bereavement leave: A minimum of five days.
- Voting leave: After at least three days of notice to the employer, employees are allowed two hours of paid time at the beginning or end of their shift.
- Jury duty or subpoena leave: As much time as is needed so long as the employee provides the employer with reasonable notice.
- Domestic violence victim leave: Sufficient time to obtain an order of protection.
- Leave for crime victims: Sufficient time for court proceedings in connection with the crime.
- School activities leave: If the employer has 25 or more employees at the same location, up to 40 hours per year must be given for an employee parent to participate in his or her child’s school activities.
- Literacy Education Leave: Employers with 25 or more employee must make reasonable efforts to assist an employee who has literacy issues with participation in an adult literacy class.
- Drug and Alcohol Rehabilitation Leave: An employer with 25 or more employees must make reasonable arrangements for an employee who want to participate in an alcohol or drug rehab program.
- Kin Care Leave: An employee can use up to one-half of his or her sick leave to care for a family member who is ill.
- Organ Donor or Bone Marrow Donor Leave: Upon written verification to an employer with 15 or more employees, that employer must give an employee 30 days of unpaid leave for purposes of donating an organ or bone marrow.
- Family Military Injury Leave: This is available for a qualified emergency in connection with the active duty or call to active duty of a spouse, domestic partner, child or parent of the United States armed forces.
- If an employee works 20 or more hours per week for an employer that has 20 or more employees, up to 10 days of unpaid leave must be given to an employee while his or spouse is deployed.
Paid Sick Leave in California
Employers in California are required to give employees a minimum of 24 hours or three sick days per year. Sick days can’t build up.
Under both state and federal laws, an employer is prohibited from retaliating against an employee for taking legally permitted leave. If you believe that retaliation in this context has been threatened or has occurred, contact us for a consultation with an experienced employment law attorney. You may have the right to take legal action.
Contact our California Labor and Employment Lawyers today.
