California employees may be luckier than most in the United States. Aside from enjoying temperate weather and the beautiful west coast, they are fortunate to work in a state with some of the most considerate leave of absence laws in the country. In this article, some of the kinds of time off California employees may have a right to are described.

7 Types of Time Off Work

1. Family and Medical Leave

The Family and Medical Leave Act (FMLA) is actually a federal regulation, but as it applies to Californians, as well, it is important to be aware of it. This law applies to employers with a minimum of 50 employees, and employees are eligible only if they have worked at least 1,250 hours in the year before taking leave, have worked for the employer for at least a year, and work at a location with 50 employees within a 75-mile radius. The FMLA gives these eligible employees the ability to take as much as 12 weeks of unpaid leave a year. This time off is meant for those who need to bond with a new child, recover from severe health conditions, take care of severely ill family, or manage certain practical matters related to a family member’s military service. The law provides even more time, up to 26 weeks, for an employee to care for a close family member who sustained or worsened a severe injury or illness during military service.

Under the California Family Rights Act, California employees are guaranteed many of the same rights guaranteed by the FMLA. However, in California, this state family and medical leave law applies to domestic partners and children of domestic partners, an extension the FMLA does not afford.

2. More parent-child bonding leave

The New Parent Leave Act is a rather new California law that took effect on January 1, 2018. This law expands time off benefits for California employees. Under this law, employers with between 20 and 49 employees are obliged to allow employees to take up to 12 weeks of leave to bond with a new child. Hence, the New Parent Leave Act serves as a sort of extension of the FMLA, as it applies to more employers and thereby more employees.

3. Pregnancy disability leave

Women who become pregnant are entitled to time off while they are temporarily disabled because of pregnancy, childbirth, or related conditions. This time off must be made available by all California employers who have five or more employees. Employees can take leave for up to four months, time that can be added to the time-off available under the FMLA and California’s family and medical leave laws. For instance, an eligible employee can add together the four months provided by pregnancy disability leave and the 12 weeks provided by the FMLA for child bonding and ultimately take a leave of about 7 months.

4. Lactation Breaks

Nursing mothers in the workforce face particular challenges due to stereotypes and stigma. Employers are, however, obligated to permit employees who are nursing to take what are called “lactation breaks,” which just break that mothers can use to express breast milk, i.e., to pump. This is a federal and California state requirement. There is an exception to this rule, but it is quite difficult to meet: if it would severely disrupt an employer’s business operations, the right to lactation breaks would not apply.

5. School activities leave

Parents are given special privileges under California law, which is a boon to all those working parents who don’t want to miss their child’s significant activities, from talent shows and basketball games to school plays and field trips that need chaperoning. In California, employers who have 25 or more employees are required to permit employees to take time off to participate in activities at a child’s daycare or school. Eligible employees can take up to 40 hours off in any 12-month period for this purpose, but they cannot exceed eight hours of time off in one month.

6. Military family leave

There are also special regulations for military family leave under California law. Employees with a spouse in the military are entitled to a maximum of ten days off unpaid leave while said spouse in on leave from deployment during a period of military conflict. This leave applies to employees of employers who have 25 or more employees. However, if you are only working, for instance, 15 hours a week because perhaps you are caring for a child or are in school, you are not eligible for this leave. Employees who want to take this time off must work an average of 20 or more hours a week.

7. Sick Leave

All California employers must allow their employees paid sick leave. Employees are eligible once they have worked 30 or more days within a year of first being employed. However, they cannot begin using paid sick leave until they have been employed for at least 90 days. Employees accrue an hour of sick leave for every 30 hours worked, although it is capped at 48 hours, or six days. Additionally, employers are allowed to limit the amount of leave an employee can use in one year to 24 hours or three days. Sick leave can actually be used for a few different purposes. It can be used for the diagnosis/treatment/care of an existing health condition of the employee or a family member, for preventive care for the employee or a family member, or for particular purposes if the employee is a victim of sexual assault, stalking, or domestic violence. There are also restrictions on the word “family.” For instance, it would not be your right to take time off to care for an ailing cousin or best friend. Family members, in this case, are limited to the employee’s children, spouse, parents, registered domestic partner, grandparents, grandkids, and siblings.

Knowing your state leave rights is crucial both so you can exercise them if desired or necessitated by circumstance, avoid conflict and in case anyone tries to violate them. While these rights are not always applicable and this list is not exhaustive, it is helpful to be aware of some of the possible privileges you may have as a California employee. Other kinds of leave you may be entitled to include time off for jury duty, voting, situations related to being a victim of domestic violence, bone marrow, and organ donation, and of course military leave. If you believe your rights have been violated if you have been fired for trying to exercise them, call a wrongful termination lawyer to discuss what you can do next.

---