Taking time off work for a serious health condition, an injury, or to care for a loved one is often necessary, but many employees in California are unsure of their legal rights when it comes to medical leave. Between federal and state laws, the rules can be complex. Understanding your rights under California law can help you protect your job, your health, and your income.

What Laws Govern Medical Leave in California?

Two major laws provide job protection for medical leave in California:

• The federal Family and Medical Leave Act (FMLA)
• The California Family Rights Act (CFRA)

Both laws allow eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying reasons. These reasons include your own serious health condition, caring for a close family member with a serious health condition, or bonding with a new child. CFRA and FMLA are similar, but CFRA has a broader definition of “family member,” covering domestic partners, siblings, grandparents, and grandchildren, which FMLA does not.

California law protects not only your right to take medical leave but also your right to request accommodations if you have a disability or condition that affects your work. This includes both physical and mental health conditions, as well as neurodivergence.

Am I Eligible for Medical Leave?

Eligibility depends on several factors. To qualify for CFRA or FMLA leave, you generally must:

• Work for an employer with at least 5 employees (for CFRA) or 50 employees (for FMLA within 75 miles)
• Have worked for your employer for at least 12 months
• Have worked at least 1,250 hours during the previous 12 months

   

If you meet these criteria, you are likely eligible for medical leave under one or both laws.

Is Medical Leave Paid in California?

Neither FMLA nor CFRA requires your employer to pay you during leave, but California provides additional programs that may offer financial support. Employees may be eligible for:

• State Disability Insurance (SDI): Partial wage replacement if you are unable to work due to your own non-work-related illness, injury, or pregnancy.
• Paid Family Leave (PFL): Partial wage replacement when caring for a seriously ill family member or bonding with a new child.

These benefits are administered through the Employment Development Department (EDD), not your employer.

Can My Employer Fire Me for Taking Medical Leave?

If you qualify for protected leave under CFRA or FMLA, your employer cannot legally terminate you for taking it. Your job (or an equivalent position with the same pay and benefits) must be restored when you return. However, if you do not qualify for leave, or if you take longer than the law allows, your job may not be protected. Employers also may not retaliate against you for requesting or taking medical leave.

What If My Employer Denies My Leave Request?

If your employer wrongfully denies your request for medical leave, threatens your job, or retaliates against you for exercising your rights, you may have legal recourse. Employees can file complaints with the California Civil Rights Department (CRD) or pursue legal action with the help of an employment attorney.

Do I Need a Lawyer for a Medical Leave Dispute?

While some issues can be resolved through HR or administrative agencies, legal representation can be essential if your employer refuses to comply with the law or retaliates against you. An attorney can explain your rights, gather evidence, and represent you in negotiations or court.

Protecting Your Rights to Medical Leave in California

California employees have strong protections when it comes to medical leave, but navigating the overlap of federal and state laws can be confusing. If you are facing a serious health issue, caring for a family member, or bonding with a new child, you should not have to choose between your job and your responsibilities. 

Understanding your rights under CFRA, FMLA, and state benefit programs is the first step. If your employer denies or interferes with your rights, contact us so we can help you protect yourself and your livelihood.