Leave policy guide

California

Complete guide to California leave laws including CFRA, Pregnancy Disability Leave, Paid Family Leave, and sick leave. Updated for 2025.

0

Annual leave

12

Public holidays

state

Location type

2025-01-15

Reviewed

Legal framework

Primary legislation

California Family Rights Act (CFRA)

Governing body

California Civil Rights Department

Last updated

2025-01-01

Official source

Entitlements overview

Annual leave

Statutory entitlement: 0

Calculation: No statutory requirement. Employer policies govern vacation.

Pro-rata: Pro-rata calculation if employer offers vacation

Carryover: California prohibits "use it or lose it" policies. Vacation is considered earned wages.

Sick leave

Statutory: Yes

Paid days: 5

Statutory pay: Regular rate of pay

Eligibility: Employees who work 30+ days in a year, Accrual: 1 hour per 30 hours worked, Usable after 90 days of employment

Parental leave

Maternity: Up to 4 months PDL + 12 weeks CFRA

Paternity: 12 weeks CFRA

Adoption: 12 weeks CFRA

Shared leave: Each parent entitled to own CFRA leave

Additional leave and compliance

Other leave types

Bereavement Leave: 5 days (unpaid)

Jury Duty: As needed (unpaid)

Voting Time: Up to 2 hours (paid)

Domestic Violence/Sexual Assault Leave: Reasonable time (unpaid)

Organ/Bone Marrow Donor Leave: 30 days organ, 5 days bone marrow (paid)

Record keeping and notice

Records: Maintain sick leave records for 3 years, Track all leave accrual and usage, Document CFRA and PDL requests, Keep pay records showing leave payments

Employer notice: Provide leave rights notice within 5 days of request

Employee notice: 30 days advance notice when foreseeable

Penalties: Sick leave violations: $50 per day per employee, up to $4,000, CFRA violations: Back pay, reinstatement, attorney fees, PDL violations: Significant penalties under FEHA

Public holiday sample

New Year's Day: 2025-01-01

Martin Luther King Jr. Day: 2025-01-20

Presidents' Day: 2025-02-17

Cesar Chavez Day: 2025-03-31

Memorial Day: 2025-05-26

Juneteenth: 2025-06-19

Frequently asked questions

How much paid sick leave do California employees get?

As of 2024, California requires employers to provide at least 5 days (40 hours) of paid sick leave per year. Employees accrue 1 hour for every 30 hours worked.

What is the difference between CFRA and FMLA in California?

CFRA covers employers with 5+ employees (vs 50 for FMLA), provides each parent their own 12 weeks for bonding (FMLA limits combined leave), and does not include pregnancy disability (covered separately by PDL).

Is California Paid Family Leave the same as CFRA?

No. CFRA provides job protection. Paid Family Leave (PFL) provides wage replacement benefits. You typically use both together - CFRA protects your job while PFL provides income.

Must California employers pay out unused vacation?

Yes. California treats vacation as earned wages. All accrued, unused vacation must be paid upon termination. "Use it or lose it" policies are prohibited.