This law says employers with 5 or more employees must give you up to 12 weeks (3 months) of unpaid disability leave because of pregnancy, childbirth, or a related illness. California’s Pregnancy Disability Leave (PDL) Some or all of this may run concurrently with exigency leave. Under a 2007 California military spouse leave law, an employee who works 20+ hours per week for an employer with 25+ employees can take an unpaid leave of up to 10 work days while the military spouse is on leave from deployment. Health benefits are included.ĬFRA: Covered under CFRA if family member is a spouse, child, or parent. An employee who is the spouse, child, parent, or next of kin of a covered service member may take a total of 26 weeks (6.5 months) of leave during a 12-month period to care for a covered service member who is ill or injured in the line of duty on active duty. The family member must be a member of the Guard, Reserve or be a retired member of the Armed Services.įMLA: Covered. “Qualifying Exigency” because of employee’s or family member’s active military dutyįMLA: Eligible FMLA employees are entitled to up to 12 weeks (3 months) of leave for “any qualifying exigency” arising because the employee has a family member (spouse, child, parent) who is on active military duty or who has been notified of an impending call to active duty status, in support of a contingency operation.Note that this may give a domestic partner more family leave. Registered Domestic Partners Equal to SpousesĬFRA: Covered under CFRA, registered domestic partners are covered just like spouses.The first 12 weeks of PDL can run concurrently with FMLA for eligible employees, and for that period, employers need to keep eligible employees health benefits. The eligible CFRA employee can then take a 12-week CFRA baby bonding leave. Employers need to have only 5 or more employees for them to be subject to this Act, and there is no eligibility period for employees. Instead, in California, a pregnant employee is entitled to a Pregnancy Disability Leave (PDL) of up to 4 months (16 weeks). Pregnancy as a “Serious Health Condition” (SHC):įMLA: Covered as a serious health condition under the Family and Medical Leave Act (FMLA).ĬFRA: Pregnancy itself is not covered as a SHC.There are 4 major differences between the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA): Paid family leave california full#Routine preventive physical examinations are excluded.įor a full explanation of the CFRA, you can read the Family Care and Medical Leave Fact Sheet. Voluntary or cosmetic treatments are not "serious health conditions," unless inpatient hospital care is required because of unexpected complications. Restorative dental or plastic surgery after an accident or injury Ongoing treatment by or under the supervision of a health care provider for a chronic or long-term health condition that is incurable When the employee is unable to work because of a serious health condition (SHC).Ī serious health condition is an illness, injury, impairment, or physical or mental condition that causes or requires:Īny period of incapacity or treatment in connection with, or after inpatient careĪny period of incapacity requiring absence from work, school, or other regular daily activities, of more than 3 consecutive calendar days To care for an immediate family member (spouse, child or parent) with a serious health condition. The birth of a child or adoption or foster care placement of a child. Eligible employees can take the leave for one or more of the following reasons: While on leave, employees keep the same employer-paid health benefits they had while working. The California Family Rights Act (CFRA) authorizes eligible employees to take up a total of 12 weeks of paid or unpaid job-protected leave during a 12-month period.
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