California Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

1. How does FMLA work in California?

Federal FMLA provides eligible employees of covered employers (50+ employees within 75 miles) up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons, including bonding with a new child, an employee’s own serious health condition, or caring for a qualifying family member. In California, FMLA runs concurrently with the California Family Rights Act (CFRA) for most qualifying events, but CFRA provides broader protections — including coverage of employers with 5 or more employees and a wider definition of qualifying family members. (Source: dol.gov/agencies/whd/fmla; calcivilrights.ca.gov)

2. How long is maternity leave in California?

A birth mother who meets all eligibility thresholds may access up to approximately 7 months of protected leave: up to 4 months (17.33 weeks) of Pregnancy Disability Leave (PDL) — running concurrently with FMLA’s 12 weeks — followed by up to 12 additional weeks of CFRA baby bonding leave. During the SDI disability period and the PFL bonding period, partial wage replacement is available through the EDD. The specific duration of paid leave depends on the employee’s medical certification, employer size, and prior wages. (Source: calcivilrights.ca.gov; edd.ca.gov)

3. Is maternity leave paid or unpaid in California?

California maternity leave is partially paid through two programs: State Disability Insurance (SDI) covers the pregnancy disability period (typically 4 weeks before and 6–8 weeks after delivery) at 60–90% of wages up to $1,765/week in 2026; California PFL covers bonding at the same wage replacement rate for up to 8 weeks. The underlying CFRA and FMLA job-protection frameworks are unpaid; SDI and PFL provide the wage replacement component funded through employee payroll contributions. (Source: edd.ca.gov)

4. Who is eligible for California FMLA and CFRA?

For FMLA: employees who have worked for a covered employer (50+ employees) for at least 12 months and at least 1,250 hours in the preceding 12 months. For California CFRA: employees who have worked for a covered employer (5+ employees) for more than 12 months and at least 1,250 hours in the preceding 12 months. CFRA covers significantly more California employees than federal FMLA due to the lower employer size threshold. (Source: dol.gov/agencies/whd/fmla; calcivilrights.ca.gov)

5. Is FMLA paid or unpaid in California?

Federal FMLA is unpaid. California PFL provides partial wage replacement (60–90% of wages, up to $1,765/week in 2026) for up to 8 weeks and may run concurrently with CFRA and FMLA leave, partially offsetting the unpaid nature of both job-protection statutes. (Source: edd.ca.gov)

6. Does California have paid sick leave?

Yes. California requires all employers to provide eligible employees with at least 40 hours (5 days) of paid sick leave per year under the Healthy Workplaces, Healthy Families Act (Labor Code §§ 245–249). Employees accrue leave at 1 hour per 30 hours worked, or employers may frontload the full 40 hours annually. (Source: dir.ca.gov)

7. Does California have paid family leave?

Yes. California’s Paid Family Leave (PFL) program, administered by the EDD, provides up to 8 weeks of partial pay (60–90% of wages, maximum $1,765/week in 2026) for bonding with a new child, caring for a seriously ill family member, or assisting with a qualifying military event. PFL is funded through mandatory employee SDI contributions at 1.3% of wages in 2026. (Source: edd.ca.gov)

8. How many sick days are required in California?

State law requires a minimum of 5 days (40 hours) of paid sick leave per year for eligible employees under the Healthy Workplaces, Healthy Families Act, as amended by SB 616 effective January 1, 2024. Some California cities — including San Francisco, Los Angeles, and Oakland — have local ordinances providing additional sick leave rights. (Source: dir.ca.gov)

9. Does FMLA apply to small businesses in California?

Federal FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. California’s CFRA, however, covers employers with 5 or more employees — providing job-protected family and medical leave to employees of most California small businesses not covered by FMLA. Employers with 5–19 employees are subject to the CRD’s Small Employer Family Leave Mediation Program. (Source: calcivilrights.ca.gov)

10. How long is paternity leave in California?

Non-birthing parents — including fathers, same-sex partners, adoptive parents, and foster parents — are eligible for up to 8 weeks of California PFL bonding benefits at 60–90% of wages (up to $1,765/week in 2026), and up to 12 weeks of job-protected CFRA bonding leave. Both programs apply regardless of whether the parent is the birth parent. (Source: edd.ca.gov)

11. Can an employer deny paid sick leave in California?

No. California law prohibits employers from denying paid sick leave to eligible employees or retaliating against employees for requesting or using it. A rebuttable presumption of unlawful retaliation arises if an employer takes adverse action within 30 days of an employee’s sick leave request or use. Complaints may be filed with the California Labor Commissioner’s Office. (Source: dir.ca.gov)

12. Can part-time employees use paid sick leave in California?

Yes. California’s paid sick leave law covers part-time employees who work 30 or more days in California within a year for the same employer. Accrual is based on hours worked at the rate of 1 hour per 30 hours worked. Part-time employees may use accrued leave beginning on the 90th day of employment. (Source: dir.ca.gov)

13. Can paid sick leave in California be used for a family member’s illness?

Yes. California paid sick leave may be used to care for any member of the statutory family member list: child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling with an illness, injury, or health condition. Employees may also designate one additional individual per 12-month period for whom sick leave may be used. (Source: dir.ca.gov)

14. What happens to unused sick leave in California if an employee leaves?

Under the standard accrual method, accrued sick leave is not required to be paid out at termination under the Healthy Workplaces, Healthy Families Act, because sick leave accruals are distinct from vacation. However, if an employer combines sick leave with vacation or PTO in a single policy, that combined bank is treated as wages and must be paid out upon separation under Labor Code § 227.3. (Source: dir.ca.gov)

15. Is there a waiting period before using paid sick leave in California?

Sick leave accrual begins on the first day of employment, but employees may not use accrued sick leave until the 90th day of employment (Labor Code § 246). Under a frontloaded policy, the full 40 hours may be made available immediately at the employer’s discretion, but the statutory minimum allows the employer to enforce the 90-day usage waiting period. (Source: dir.ca.gov)

16. How much does California PFL pay per week?

California PFL provides 60–90% of base period weekly wages, up to a maximum of $1,765 per week in 2026. Employees earning at or below 70% of the State Average Weekly Wage ($1,789 in 2026) receive 90% of base period wages. Employees earning above that threshold receive 70% of base period wages. The exact weekly benefit amount (WBA) is calculated by the EDD based on the highest quarter of earnings in the base period. (Source: edd.ca.gov)

17. How long is paid family leave in California?

California PFL provides up to 8 weeks of paid benefits within any 12-month period, applicable to bonding, care, and military assist claims combined. This is distinct from the 12-week CFRA job-protection entitlement; the remaining leave weeks beyond 8 under CFRA are unpaid unless supplemented by employer policy. (Source: edd.ca.gov)

18. Who pays for California paid family leave — the employer or the employee?

California PFL is funded entirely through mandatory employee payroll contributions to the SDI program at 1.3% of gross wages in 2026, with no wage cap. Employers do not contribute to the PFL fund (unless they provide a voluntary plan). The EDD pays PFL benefits directly to eligible employees. (Source: edd.ca.gov)

19. Can California PFL and FMLA run at the same time?

Yes. California PFL, CFRA, and FMLA generally run concurrently for the same qualifying event when all eligibility conditions are met. For a bonding event at a covered employer, an employee would simultaneously be on FMLA leave (job-protected, unpaid), CFRA leave (job-protected, unpaid), and receiving California PFL benefits (paid). The three programs do not stack to extend the total leave duration; they run concurrently. (Source: edd.ca.gov; calcivilrights.ca.gov)

20. Is the job protected during California paid family leave?

California PFL itself does not provide job protection. Job protection during PFL leave is provided by the California Family Rights Act (CFRA) for employers with 5 or more employees, and by federal FMLA for employers with 50 or more employees. Employees who do not qualify for CFRA or FMLA job protection may not have a guaranteed right to return to their position after PFL. (Source: edd.ca.gov)

21. What is the California SDI and PFL contribution rate for 2026?

The 2026 employee contribution rate for State Disability Insurance (SDI) — which funds both Disability Insurance and Paid Family Leave — is 1.3% of gross wages, with no wage ceiling. This increased from 1.2% in 2025. The rate applies to all California employees covered by SDI. (Source: edd.ca.gov)

22. How to apply for California paid family leave?

PFL claims are filed online through the EDD’s SDI Online portal at myedd.edd.ca.gov. Claims must be filed no earlier than the first day of qualifying leave and no later than 41 days after the start of leave. Required documents (birth certificate, medical certification, or military documentation) can be uploaded through the portal. Most claims are processed within 14 business days. (Source: edd.ca.gov — Claim Process)

23. Can California paid family leave be taken intermittently?

Yes. California PFL may be taken intermittently. Bonding leave may be taken on a reduced schedule or in non-consecutive periods within the 12-month claim window, as long as total benefits do not exceed 8 weeks. Care claims may also be certified intermittently based on the care recipient’s medical needs. (Source: edd.ca.gov)

24. What is California pregnancy disability leave (PDL)?

California Pregnancy Disability Leave (PDL), governed by Government Code § 12945 and enforced by the CRD, provides up to 4 months (17.33 weeks) of job-protected leave for employees disabled by pregnancy, childbirth, or a related medical condition. PDL applies to employers with 5 or more employees and has no hours-worked minimum eligibility requirement. PDL runs concurrently with FMLA but consecutively (not concurrently) with CFRA. During PDL, SDI provides partial wage replacement for the disability period. (Source: calcivilrights.ca.gov; edd.ca.gov)

25. How long is maternity leave for fathers in California?

Non-birthing parents — including fathers and same-sex partners — are eligible for the same California PFL bonding benefits as birth mothers: up to 8 weeks of partial pay at 60–90% of wages (up to $1,765/week in 2026). CFRA provides up to 12 weeks of job-protected bonding leave for eligible employees. Both PFL and CFRA apply equally to all parents, regardless of the parent’s relationship to the birth event. (Source: edd.ca.gov; calcivilrights.ca.gov)