Description
California’s time off, leave of absence, and paid leave rules were overhauled by legislation that took effect between 2024 and 2026. As a result, many new rules were relocated from the Labor Code to the California Fair Employment and Housing Act (“FEHA”). As a result of sweeping changes, California employers must now reassess their obligations to provide paid and unpaid time off for a variety of reasons. The changes affect time off rights for victims of crimes, stalking and violence in addition to time off to address other matters, such as illnesses and diagnoses, jury and witness duty, kin-care issues, and numerous other statutorily protected situations.
While some earlier statutes limited their protections to absences due to illnesses, California’s amended statutes now protect many absences that are unrelated to an employee’s illness. In addition, while some protections are limited to events that directly affect employees personally, others extend protections to absences necessitated by events affecting family members and “designated persons.” To make things even more complicated, because of serious drafting problems in the 2024 bill, AB 2499, additional legislation was necessary to fix the problems. Unfortunately, the legislature’s mistakes created issues that California employers must now address.
Employers must draft new policies and update employee handbooks to address the changes. In his newly revamped publication, Sheppard Attorney Richard J. Simmons has tackled these new changes in a valuable addition to his employment law resources. The 2026 desk book includes a detailed chart listing key state and federal rules and provides in-depth summaries of California’s time off and leave of absence statutes. The new publication walks readers through the maze of new laws and offers practical guidance for employers and HR leaders. The new rules apply to employers of all sizes but contain special features for employers with 25 or more employees.
Among the numerous topics addressed in the publication are the following:
- The Obligations To Provide Leaves And Time Off
- Radical Changes To Paid Sick Leave
- New Crime Victim Leave Rules
- Time Off Due To Assaults, Stalking And Other Crimes
- Updates To Reproductive Loss Leave Law
- Posting Rules – New DLSE & CRD Notices
- New Bereavement Leave Rules
- Domestic Violence And Sexual Assault Leaves
- Organ And Bone Marrow Donor Leaves
- Family And Medical Leaves
- Recent Changes To CFRA
- Alcohol And Drug Rehabilitation
- Federal And State Laws
- Repeal Of New Parent Leave Act
- Voting Time Off
- Sample Forms
- Workers’ Compensation Leaves
- Family School Partnership Act Changes
- Military Leaves
- Required Personnel Policies
- Leaves Required By The ADA And FEHA
- Pregnancy Leaves
- Qualifying Events
- Firefighter Leaves
- Paid Family Leave (“FTDI”)
- Leaves Of Absence And Time Off Law Charts
- Stacking Leaves
- Employee Eligibility Rules
- Employee Notification Obligations
- Extending Leaves And Time Off
- Checklists For Reviewing Leave Requests
- Interactive Process Rules
Table Of Contents
SECTION 1 INTRODUCTION
1.1 Overview
1.2 The Scope Of This Manual
1.3 An Employer’s Leave Of Absence Universe
1.4 Abbreviations
1.5 Leaves Of Absence And Time Off Standards
SECTION 2 EMPLOYER COMPLIANCE
2.1 Identification Of Legal Obligations
2.2 Review Of Overlapping Obligations
2.3 Applicable Laws
2.4 Checklists
2.5 Required Policies, Posting, And Disclosure Obligations
SECTION 3 FEDERAL LEAVE OF ABSENCE AND TIME OFF LAWS
3.1 Overview Of Federal Laws
3.2 Federal Family And Medical Leave Act Of 1993
3.3 Military Leaves Under The Uniformed Services Employment And Reemployment Rights Act
3.4 Americans With Disabilities Act Of 1990
3.5 Jury System Improvements Act Of 1978
SECTION 4 CALIFORNIA LEAVE OF ABSENCE AND TIME OFF LAWS
4.1 Introduction To State Requirements
4.2 California Family Rights Act Of 1993
4.3 Pregnancy-Disability Leave Law
4.4 Repeal Of New Parent Leave Act
4.5 California Fair Employment And Housing Act
4.6 Paid Sick Leave – The Healthy Workplaces, Healthy Families Act Of 2014
4.7 Kin-Care And Other Newly-Qualifying Time Off
4.8 California’s Reproductive Loss Leave Law
4.9 Alcohol And Drug Rehabilitation Act
4.10 Protections For Jurors, Witnesses, And Victims Of Qualifying Acts Of Violence
4.11 Prior Protections Governing Time Off For Jury And Witness Duty
4.12 Prior Protections Governing Time Off For Crime Victims And Eligible Family Members
4.13 Prior Protections For Victims Of Sexual Assault And Stalking
4.14 Employee Literacy Education Assistance Act
4.15 Time Off To Visit With School Authorities Following A Child’s Suspension
4.16 Family School Partnership Act
4.17 Time Off For Firefighters, Law Enforcement And Emergency Rescue Personnel
4.18 Military Leaves
4.19 Spousal Military Leave
4.20 Time Off To Vote
4.21 Workers’ Compensation Leaves
4.22 California’s Bereavement Leave Law
4.23 Civil Air Patrol Employment Protection Act
4.24 Organ And Bone Marrow Donor Leaves
4.25 Paid Family Leaves
4.26 Local Ordinances
4.27 Express And Implied Contracts
4.28 Wrongful Discharge Laws
SECTION 5 OVERLAPPING LEGAL RESPONSIBILITIES CREATED BY STATUTORY OBLIGATIONS
5.1 Identifying The Applicable Legal Obligations
5.2 Interrelationship Of Leaves Required Due To Medical Conditions
5.3 Pregnancy-Related Disabilities
5.4 Work-Related Disabilities
5.5 Alcohol And Drug Rehabilitation Leaves
SECTION 6 DISCRETIONARY LEAVES AND TIME OFF
6.1 Leaves That Are Not Statutorily Mandated
6.2 Personal Leave
6.3 Paid Family Leave
SECTION 7 EMPLOYEE NOTIFICATION RESPONSIBILITIES
7.1 Employee Notice Requirements For CFRA And FMLA Leaves
7.2 Employee’s Failure To Provide Notice
7.3 Medical Certification Requirements
7.4 Reinstatement From Medical Leaves
7.5 Periodic Status Reports From Employees On Leave
7.6 Certification That An Employee Is Unable To Return To Work
7.7 Certification For Leave Taken Because Of A Qualifying Exigency
7.8 Certification For Military Caregiver Leave
7.9 Time Off For Jurors, Witnesses, And Victims Of Violence Or Crimes
7.10 Employer Notification Rules
SECTION 8 FMLA/CFRA POSTING, NOTIFICATION, AND RECORD-KEEPING RULES
8.1 General Obligations
8.2 FMLA Employer Notification Obligations
8.3 CFRA And FMLA Posting Requirements
8.4 Handbook And New-Hire Statements
8.5 The FMLA Employee “Eligibility Notice”
8.6 FMLA Employee “Rights And Responsibilities Notice”
8.7 FMLA Leave “Designation Notice”
8.8 Designation Of CFRA/FMLA Leave
8.9 Consequences Of Noncompliance
8.10 Substitution Of Paid Leave
8.11 Additional Notice Rules Under Family And Medical Leave Laws
8.12 Additional California Notification Obligations
8.13 State Disability Insurance And Unemployment Insurance Notices
8.14 Record-Keeping Rules
APPENDIX A CERTIFICATION OF HEALTH CARE PROVIDER FOR EMPLOYEE’S SEROUS HEALTH CONDITION (U.S. DEPARTMENT OF LABOR FORM WH-380-E)
APPENDIX B CERTIFICATION OF HEALTH CARE PROVIDER FOR FAMILY MEMBER’S SEROUS HEALTH CONDITION (U.S. DEPARTMENT OF LABOR FORM WH-380-F)
APPENDIX C NOTICE TO EMPLOYEES OF RIGHTS UNDER FMLA — EMPLOYEE RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT (U.S. DEPARTMENT OF LABOR PUBLICATION 1420)
APPENDIX D NOTICE OF ELIGIBILITY AND RIGHTS & RESPONSIBILITIES (U.S. DEPARTMENT OF LABOR FORM WH-381)
APPENDIX E DESIGNATION NOTICE (U.S. DEPARTMENT OF LABOR FORM WH-382)
APPENDIX F CERTIFICATION OF QUALIFYING EXIGENCY FOR MILITARY FAMILY LEAVE (U.S. DEPARTMENT OF LABOR FORM WH-384)
APPENDIX G CERTIFICATION FOR SERIOUS INJURY OR ILLNESS OF COVERED SERVICEMEMBER FOR MILITARY FAMILY LEAVE (U.S. DEPARTMENT OF LABOR FORM WH-385)
APPENDIX H CRD NOTICE FAMILY CARE AND MEDICAL LEAVE AND PREGNANCY DISABILITY LEAVE
APPENDIX I CIVIL RIGHTS DEPARTMENT CERTIFICATION OF HEALTH CARE PROVIDER for California Family Rights Act (CFRA) or Family and Medical Leave Act (FMLA)
APPENDIX J SAMPLE LEAVE OF ABSENCE REQUEST FORM
APPENDIX K CALIFORNIA FAMILY RIGHTS ACT
APPENDIX L CHECKLIST TO EVALUATE TIME OFF REQUEST
APPENDIX M CRC PREGNANCY-DISABILITY LEAVE REGULATIONS
APPENDIX N COMPARISON BETWEEN NEW FAMILY & MEDICAL LEAVE (FMLA) & CALIFORNIA FAMILY RIGHTS ACT (CFRA) REGULATIONS
APPENDIX O LABOR COMMISSIONER’S OFFICE VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING NOTICE
APPENDIX P SURVIVORS OF VIOLENCE AND FAMILY MEMBERS OF VICTIMS TO LEAVE AND ACCOMMODATIONS
APPENDIX Q EXPANDED FAMILY AND MEDICAL LEAVE IN CALIFORNIA
APPENDIX R LABOR COMMISSIONER’S OFFICE HEALTHY WORKPLACES/HEALTHY FAMILIES ACT: CALIFORNIA PAID SICK LEAVE
APPENDIX S DLSE PAID SICK LEAVE FAQs
APPENDIX T CASE TABLE
SUBJECT INDEX
