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California Paid Family Leave Law
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Key Takeaways
California provides employees with a wide range of family and medical leave laws. Even where employers do not offer workers paid vacations or sick time, California law requires them to give employees at least some paid leave to care for themselves and family members.
California’s Paid Family Leave (PFL) law is partial wage replacement for eligible workers. PFL lets workers take otherwise unpaid time away from work to care for sick family members or to bond with a new infant.
Other California employment rights laws, such as the Paid Sick Leave Act and the California Family Rights Act (CFRA) provide job protection and other weekly benefits. These benefits overlap with federal employment laws like the Family and Medical Leave Act.
Your Job and Paid Family Leave
The federal FMLA guarantees eligible workers up to 12 weeks of unpaid leave and provides limited job security. However, employees who lack other wage benefits may not be able to take that much time away from work, even if their employer must provide it.
California’s PFL program goes through the state disability insurance(SDI). Only employees who pay into the state SDI system during the “base period” are eligible for PFL. Employers determine the base period from your hours and starting employment date.
PFL Eligibility and Benefits
Any employee covered by state disability insurance qualifies for PFL benefits. SDI payments are deducted from your paycheck once you meet the eligibility requirements. PFL benefit payments give workers 55% of their base wages, with a minimum of $50 per week, and a maximum of $1,173 per week. Workers may receive benefits for up to eight weeks in any 12-month period.
Qualifying Reasons for Leave
California workers can use their PFL while they are on other unpaid leave, such as FMLA. For instance, a worker could use eight weeks of PFL for a partial paycheck while taking eight weeks’ unpaid leave to care for a sick child.
Employees can use PFL for:
- Caring for a seriously ill family member (parent, spouse, child, or domestic partner)
- Bonding with a new baby, foster care placement, or adoption of a new child
- Support for a family member on military deployment or beginning service to a foreign country
Caring for a family member means full-time caregiving for a serious health condition. PFL will not cover taking a day off to care for a child with the flu.
Other California Family Leave Laws
PFL does not cover employees’ personal illnesses. Following San Francisco’s Paid Sick Leave Ordinance, the state enacted the Paid Sick Leave Act in 2024. Employers must give eligible employees a minimum of 40 hours or five days per year. Full-time and part-time employees qualify for Paid Sick Leave after working 90 days with an employer.
Like the FMLA, the California Family Rights Act (CRFA) provides job-protected leave for workers who need up to 12 weeks’ unpaid leave to care for themselves, family members, or for the birth of a child. Like the FMLA, the CRFA requires employers to keep the employee’s job open or offer the worker an equivalent position on their return to work.
The Pregnancy Disability Leave Act lets workers take up to four months’ unpaid job-protected leave before or after birth due to pregnancy related medical conditions. These can include doctor-ordered bed rest, morning sickness, or eclampsia (hypertension). Employers may request medical certification when an employee takes or returns from leave.
Note: State laws are constantly changing and family medical leave laws can be difficult and often complex. It is a good idea to contact a California employment attorney as well as conduct your own legal research to verify the state law(s) that may apply to your situation.
Research the Law
- California Law
- Official State Codes – Links to the official online statutes (laws) in all 50 states and DC
- California Supreme Court Cases
California Paid Family Leave Law: Related Resources
- Disability Insurance (DI) offices (EDD)
- Claim Process for Paid Family Leave Benefits (EDD)
- Family and Medical Leave Laws by State
- States Without General Laws for Family and Medical Leave
Get Legal Advice From an Employment Law Attorney
California’s Employment Development Department (EDD) manages application and payment for Paid Family Leave. If you have any issues with payments or returning to work, speak with a California employment law attorney.
Can I Solve This on My Own or Do I Need an Attorney?
- Some employment legal issues can be solved without an attorney
- Complex employment law cases (such as harassment or discrimination) need the help of an attorney to protect your interests
Legal cases for wage and benefit issues, whistleblower actions, or workplace safety can be complicated and slow. An attorney can offer tailored advice and help prevent common mistakes.
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