Working people in California have access to several types of protected leave because of the strength of our unions. Leave taken under the following laws are considered a “protected” leave of absence, meaning an employer cannot terminate and/or retaliate against an employee as a result of the employee requesting or taking a leave of absence pursuant to these laws. In addition, protected absences may not be used toward any attendance policy and/or point system that leads to attendance related discipline.
Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA)
The FMLA and CFRA entitle eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Read more.
California Pregnancy Disability Leave (PDL)
This leave applies to employers with five or more employees and provides up to four months of protected leave. PDL entitles eligible employees of covered employers to take unpaid, job-protected leave for disability during pregnancy and/or childbirth with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Read more.
Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA)
The ADA applies to employers with 15 or more employees and requires an employer to reasonably accommodate a qualified employee with a disability. Read more.
Uniformed Services Employment and Reemployment Rights Act of 1994
USERRA requires employers of any size to provide an employee up to five years of protected leave for military service. Read more
Other California Protected Leaves
Employees working in California may be eligible for other protected leaves, such as kin care, military spouse leave, school activities leave, and more. Read more.
DISCLAIMER: This information provided here is intended to provide accurate, general information about protected leaves available to employees. Because laws and legal procedures are subject to frequent change and differing interpretations, Teamsters 856 cannot ensure that the information in this guide is current, nor be responsible for any use to which it is put. Do not rely on this information without first consulting with your representative and/or consulting an attorney or the appropriate agency about your rights. Members with specific leave questions may contact their representative and/or Staff Attorney and Leave Coordinator Susanna Farber.