Family Leave Acts in California
- The California Family Rights Act provides an employee with up to 12 weeks of leave each calendar year. To qualify, an employee must have a health condition that is serious, or have a spouse, child, domestic partner or child who has a serious health condition. Eligible employees must have worked for their employer for at least 12 months, consecutive or nonconsecutive; and have accumulated at least 1,250 work hours.
- The federal Family and Medical Leave Act provides eligible employees with up to 12 weeks of job-protected leave. The act covers employee leave due to the adoption or birth of a child, foster care of a child, care for a member of the employee's immediate family who has a serious health condition, or inability of the employee to work due to a serious health condition. FMLA protects the employee's job but does not provide any wage benefits. Eligibility is based on an employee having worked for an employer for the previous 12 months, and the accumulation of at least 1,250 work hours.
- California's Kin Care Leave allows employees to use up to half of any sick leave benefits accrued, to take care of a family member who is sick. An employee can use the leave to care for a spouse, parent, child or domestic partner. All employees in California who work for an employer who provides sick leave benefits are covered under this labor code. The code is enforced by the California Division of Labor Standards Enforcement.
- All employees who receive state disability insurance coverage are also entitled to receive paid family leave, under section 2601 of the California Unemployment Insurance Code. Self-employed individuals who participate in the State Disability Insurance Elective Coverage Program are also eligible for paid family leave. Eligible employees receive a maximum of six weeks of benefits to cover pregnancy leave or to care for a child, parent, spouse or domestic partner who has a serious health condition.
- Under the Fair Employment and Housing Act, employees in California are eligible to take Pregnancy Disability Leave. A female employee can take a maximum of four months off if she has a disability due to childbirth, pregnancy or an associated medical condition. Eligible employees are those who cannot perform essential job functions because of pregnancy or a pregnancy-related health condition. To qualify, an employee must provide proof of medical condition from a physician.