Will my job be safe while I take family or medical leave?

This page is about keeping your job while you are out. It is general information, not legal advice. For how much pay you can get while you are out, see State Disability Insurance and Paid Family Leave.

Will my job be there when I come back?

If you qualify for California Family Rights Act (CFRA) leave, yes, in most cases. When your leave ends, your employer must give you back your same job or a comparable one. The only exceptions are limited situations that have nothing to do with your leave, such as a layoff that would have happened anyway.

Your employer must also keep paying for your group health insurance the way it did before, while you are on leave.

Do I qualify?

You likely qualify for CFRA if all three are true:

1. Your employer has 5 or more employees.
2. You have worked there at least 1 year.
3. You worked at least 1,250 hours in the past 12 months. That is about 24 hours a week on average.

Your immigration status does not matter. The Civil Rights Department says California's workplace civil rights law protects workers whatever their status, and it does not ask about status when you file.

Count your hours. Look at pay stubs, schedules or your own notes. Part time workers can qualify if they reached 1,250 hours.

What can I take leave for?

CFRA leave can be used for:

• Your own serious health condition
• Caring for a family member with a serious health condition
• Bonding with a new child, within a year of the birth

For pregnancy itself, there is a separate leave of up to 4 months, called Pregnancy Disability Leave. See Pregnant and working.

Which family members count?

CFRA includes your child, parent, parent in law, grandparent, grandchild, brother or sister, spouse or domestic partner, and one designated person you choose, who can be a relative or someone who is like family to you. Your employer may limit you to one designated person every 12 months (Government Code 12945.2).

Note that pay from Paid Family Leave uses a shorter family list that does not include a designated person. See Who counts as family?

How much time can I take?

• Up to 12 weeks in a 12 month period for CFRA reasons.
• You do not have to take it all at once. The law says leave may be taken in one or more periods. For planned treatment, try to schedule it so it disrupts work as little as you reasonably can.
• If you were pregnant, Pregnancy Disability Leave comes first, up to 4 months, and CFRA bonding leave of up to 12 weeks comes after it.
• If you also qualify for the federal FMLA, the leaves can run at the same time, not one after the other. FMLA covers employers with 50 or more employees within 75 miles.

Will I be paid?

CFRA itself is job protection, not pay. Ways to get paid while you are out:

• Disability Insurance from the state, for your own illness, injury or pregnancy. See State Disability Insurance.
• Paid Family Leave from the state, to care for a family member or bond with a new child. See Paid Family Leave.
• Your paid sick days, for shorter absences. See Paid sick days in California.

Since January 1, 2025, EDD says your employer cannot make you use your sick leave or other paid time off before you get Paid Family Leave.

No Social Security number? You can still get Disability Insurance and Paid Family Leave on paper. See How to apply without papers.

How do I ask for leave?

1. Tell your employer early. If you know ahead of time, like a planned surgery, give at least 30 days' notice if you can. If it is an emergency, tell them as soon as you can.
2. Put it in writing. Say you are asking for family or medical leave, the general reason, and the dates. You do not have to share every medical detail.
3. Get the doctor's form ready. Your employer may ask for a certification from your health care provider, or from your family member's provider if you are caring for them. The Civil Rights Department has a CFRA certification form in English and Spanish.
4. Apply for pay separately. File your own claim with EDD for Disability Insurance or Paid Family Leave.
5. Keep copies of everything you send and get.

Use the letter below.

What if I do not qualify?

You may still have options:

• Paid sick days: most workers earn at least 5 days or 40 hours a year. See Paid sick days in California.
• Your own disability: if a health condition limits you, you may be able to ask for changes at work. See How to ask for changes at work because of a disability.
• Pregnancy: Pregnancy Disability Leave applies at employers with 5 or more employees. See Pregnant and working.
• Survivors of violence: separate leave rights apply. See Your job rights as a survivor of abuse.
• Bereavement: up to 5 days within 3 months of a family member's death.
• Pay without job protection: you can still apply for Disability Insurance or Paid Family Leave. The money can help, even if the job is not protected.

What if my employer says no or fires me?

It is against the law for your employer to fire you, punish you, or get in the way because you asked for or took CFRA leave (Government Code 12945.2).

1. Write it down today. What was said, when, and by whom. Save texts, emails and schedules.
2. Get free advice. Call the Legal Aid at Work clinic. East Palo Alto line: (415) 404-9093.
3. File a complaint with the California Civil Rights Department within 3 years. File online, call 800-884-1684, or mail it.

Afraid your employer will call immigration? That threat is against the law in California. See What to do if your boss threatens to call immigration.

What mistakes should I avoid?

• Assuming EDD pay holds your job. It does not.
• Not asking in writing.
• Waiting to tell your employer when you could have told them sooner.
• Missing EDD deadlines: 49 days for Disability Insurance, 41 days for Paid Family Leave.
• Quitting before you get advice. Talk to a clinic first.

Who can help?

These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Civil Rights Department: 800-884-1684, TTY 800-700-2320, Relay 711. calcivilrights.ca.gov
• Legal Aid at Work, Workers' Rights Clinic: free help for people within its income limits, or age 60 and over, in Spanish and many other languages. East Palo Alto line: (415) 404-9093. Workers' Rights Clinic
• EDD: Disability Insurance 1-800-480-3287, Paid Family Leave 1-877-238-4373. Press 3 for a free interpreter.

More local help: Free help with a work problem in the Bay Area.

Common questions

My employer has only 6 workers. Does CFRA apply? Yes, if you meet the time and hours rules. The law covers employers with 5 or more employees.

I started 8 months ago. Can I take leave? Not CFRA leave yet. You need 1 year. Use sick days, ask about a disability accommodation, and apply for EDD pay if you qualify.

Can my employer replace me while I am out? When you come back, your employer must give you the same or a comparable job, unless a reason unrelated to your leave applies, such as a layoff.

Will my health insurance stop? It should not. Your employer must keep paying for your group health benefits during CFRA leave.

Is there a letter I can use?

Taking care of yourself or your family is not a reason to lose your job. You have rights here. Take the first step today.