California Medical Leave Laws: CFRA, SDI, and Paid Family Leave

California medical leave laws give workers some of the strongest time-off protections in the country, combining job-protected leave with state-funded wage replacement. The California Family Rights Act guarantees up to 12 weeks of job-protected leave at businesses with as few as five employees. Pregnancy Disability Leave adds up to four months on top of that for birth parents. Paid sick leave covers shorter absences. And two state programs, State Disability Insurance and Paid Family Leave, replace part of your wages while you are out, with weekly benefits reaching $1,765 in 2026. Job protection and wage replacement are separate systems, and using them well means sequencing the right programs in the right order.

Job-Protected Leave Under CFRA

The California Family Rights Act is the backbone of medical leave in the state. Under Government Code section 12945.2, eligible employees can take up to 12 workweeks of unpaid leave in any 12-month period for their own serious health condition, to care for a family member with a serious health condition, or to bond with a new child after birth, adoption, or foster placement.¹

To qualify, you need more than 12 months of service with your employer and at least 1,250 hours worked in the previous year. The law applies to any private employer with five or more employees, plus all state and local government employers.¹ That five-employee threshold is much lower than the 50-employee floor under the federal Family and Medical Leave Act, so many California workers have state protection even when federal law does not reach their employer.

You can take CFRA leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. You can also name a “designated person,” meaning anyone related by blood or whose relationship with you is the equivalent of a family relationship. Your employer can limit you to one designated person per 12-month period.¹

The core protection is reinstatement. Your employer must hold your job or place you in a comparable position with the same pay, duties, and general location when you return.¹ Refusing to reinstate you, or retaliating against you for requesting leave, can support a lawsuit for lost wages, benefits, and emotional distress damages.

You do not have to take all 12 weeks at once. When medically necessary, CFRA allows intermittent leave or a reduced work schedule for a serious health condition. Your employer can count leave in increments no larger than one hour, matching the smallest unit their payroll system tracks.² For workers managing cancer treatment or a chronic illness, that means a few hours off each week rather than months away.

If your intermittent leave is based on planned medical treatment, your employer can temporarily transfer you to an alternative position with equivalent pay and benefits that better accommodates recurring absences. The alternative role does not need to have the same duties, but the employer cannot use the transfer to discourage you from taking leave.²

One boundary matters: CFRA and FMLA generally run at the same time when both apply, so 12 weeks total, not 12 under each. Pregnancy is the exception, and that is where California workers can gain significant extra time.

Pregnancy Disability Leave

California’s Pregnancy Disability Leave law, Government Code section 12945, provides up to four months of leave for any worker disabled by pregnancy, childbirth, or a related medical condition. It applies to any employer with five or more employees.³⁴

Unlike CFRA, there is no minimum length of service and no hours-worked requirement. You are eligible from your first day on the job as long as your healthcare provider certifies the disability. The four-month cap works out to roughly 17.3 workweeks based on your normal schedule and covers only the period of actual incapacity: severe morning sickness, bed rest, prenatal complications, childbirth recovery, and related conditions.⁵

Because CFRA specifically excludes pregnancy disability from its coverage, PDL and CFRA run separately rather than concurrently. A birth parent who uses PDL for recovery and then takes CFRA leave for bonding can receive up to four months plus 12 weeks of job-protected time. Under the federal FMLA alone, both would count against the same 12-week bank.

Federal law adds a second layer. The Pregnant Workers Fairness Act (42 U.S.C. § 2000gg) requires employers with 15 or more employees to provide reasonable accommodations for pregnancy-related limitations, including schedule adjustments, more frequent breaks, temporary reassignment, or a brief suspension of certain job duties, unless doing so would cause undue hardship.⁶ The PWFA covers pregnancy-related conditions even if they do not rise to the level of a disability.

Paid Sick Days for Shorter Absences

Not every health need calls for weeks off. California’s Healthy Workplaces, Healthy Families Act (Labor Code sections 245 through 249) guarantees paid sick time. You earn at least one hour of paid sick leave for every 30 hours worked, starting on your first day. Employers can also front-load the full annual amount at the start of the year instead of using accrual.⁷

The mandatory minimum is five days or 40 hours per year, whichever is greater. Under the accrual method, unused time carries over, but the employer can cap total accrued leave at 80 hours (10 days) and limit your annual usage to 40 hours.⁷ Front-loading employers do not have to allow carryover.

You can use paid sick leave for your own diagnosis, care, or treatment, for preventive care, or to care for a family member. As with CFRA, you can designate one person per year whose relationship with you is equivalent to a family relationship even if they are not a blood relative or spouse.

Enforcement has teeth. Under Labor Code section 248.5, an employer that unlawfully withholds paid sick days owes three times the dollar value of the withheld leave or $250, whichever is greater. Violations that cause other harm, such as termination, carry an additional penalty of $50 per day the violation continues, up to $4,000.⁸

Getting Paid While on Leave: SDI and PFL

CFRA and PDL protect your job but do not require your employer to pay you. The money comes from two state-run programs funded by payroll deductions: State Disability Insurance and Paid Family Leave. Confusing job protection with wage replacement is one of the most common mistakes workers make.

State Disability Insurance

SDI replaces part of your wages when you cannot work because of a non-work-related illness, injury, or pregnancy. In 2026, the maximum weekly benefit is $1,765, and the program is funded by a 1.3% employee payroll tax on all wages.⁹¹⁰ Your actual benefit depends on your earnings during a base period roughly 5 to 18 months before your claim. Lower-wage workers receive a higher replacement percentage, up to about 70% of wages, while higher earners receive a smaller share, capped at the weekly maximum.

Every new SDI claim has a seven-day unpaid waiting period. The first payable day is the eighth day of your claim, and you can generally expect your first payment within about 14 days after filing a complete application.¹¹

Paid Family Leave

PFL provides up to eight weeks of partial wage replacement in a 12-month period when you take time off to bond with a new child or care for a seriously ill family member. Benefit amounts and the weekly maximum match SDI. PFL by itself does not protect your job, but CFRA does, so the programs are meant to work together: CFRA guarantees your position, and PFL pays you while you are away.¹²

A common sequence shows how the pieces fit. A birth parent takes PDL for pregnancy recovery, paid through SDI. When recovery ends, they switch to CFRA bonding leave, paid through PFL for up to eight weeks. Sequencing these programs correctly can add up to several months of both job protection and income.

How to File

You can file for SDI or PFL through the EDD’s SDI Online portal, which is the fastest route. Paper claims are also available by mailing a completed DE 2501 form to the EDD.¹³ For disability claims, your licensed healthcare provider must submit a medical certification within 49 days of the start of your disability, or you risk losing benefits.¹¹ Have recent pay stubs and your provider’s contact information ready before you start.

Bereavement and Reproductive Loss Leave

Government Code section 12945.7 requires employers with five or more employees to grant up to five days of bereavement leave when a family member dies. The leave must be completed within three months of the death.¹⁴ The days do not have to be paid, but you can use accrued sick leave or vacation to cover them.

A parallel protection covers reproductive loss. Government Code section 12945.6 provides up to five days of leave following a miscarriage, stillbirth, failed adoption, failed surrogacy, or unsuccessful assisted reproduction. The same three-month completion window applies. For multiple qualifying events in a single year, your employer must provide up to 20 total days of reproductive loss leave within that 12-month period.¹⁵

Keeping Health Insurance During Leave

Under CFRA, your employer must continue your group health insurance during leave on the same terms as if you were still working. If your employer covers part of the premium for active employees, they must keep covering that same share while you are on CFRA leave.¹⁶

You still owe your share of the premium. If your leave is unpaid, your employer can require you to make payments on the same schedule as active payroll deductions or on a COBRA-like timeline. If your payment is more than 30 days late, the employer can drop coverage after giving you at least 15 days’ written notice.¹⁶

If your leave runs past CFRA’s 12-week protection or you were never eligible for CFRA, you may be offered COBRA continuation coverage. Under COBRA, you typically pay the full premium (both your share and what the employer previously contributed) plus a 2% administrative fee.¹⁷ The jump from paying only your share to paying the entire premium catches many workers off guard, so budget for it if your leave may run long.

Notice, Certification, and Retaliation

When you know in advance that you will need leave, such as for a scheduled surgery or an expected due date, California regulations require at least 30 days’ advance notice. You should also make a reasonable effort to schedule planned treatment in a way that minimizes disruption, though your healthcare provider’s recommendations take priority.¹⁸ For emergencies or sudden illness, give notice as soon as practicable.

Most health-related leaves require a medical certification from a licensed provider. The certification should state when the condition began and how long you are expected to need leave, but it should not reveal your specific diagnosis. That privacy protection is built into the process to reduce the risk of workplace discrimination.¹⁹

California law forbids retaliation for requesting or using medical leave. Under Labor Code section 246.5, an employer cannot deny accrued sick days or punish you for using them, filing a complaint about sick leave violations, or cooperating with an investigation. Retaliation for exercising rights under Labor Code section 98.6 can result in civil penalties of up to $10,000 per violation on top of remedies like reinstatement and back pay.²⁰ Retaliation complaints generally must be filed within one year of the retaliatory act. Depending on which law was violated, complaints go to the California Labor Commissioner’s Office or the Civil Rights Department.

When Your Protected Leave Runs Out

Exhausting CFRA or PDL leave does not automatically mean your employer can let you go. Under the Americans with Disabilities Act and California’s Fair Employment and Housing Act, an employer may be required to provide additional unpaid leave as a reasonable accommodation for a disability. There is no fixed cap on how much extra time qualifies as reasonable, and employers cannot enforce rigid maximum-leave policies without first engaging in a good-faith dialogue with you about whether more time off or a modified return could work.

That dialogue, called the interactive process, involves you and your employer discussing what you need to return to work. Options can include extended leave, a modified schedule, reassignment to a vacant position, or physical workplace adjustments. Your employer does not have to grant the exact accommodation you request, but they must consider alternatives and explain in writing why a request is denied. Firing someone the day their CFRA leave expires without going through this process is the kind of decision that leads to disability discrimination claims.

Taxes on SDI and PFL Benefits

SDI benefits are federally taxable. The IRS treats payments from a state disability fund as income you must report on your federal return.²¹ California does not tax SDI benefits on your state return, so the state and federal treatment differ.

Paid Family Leave benefits are also federally taxable, but they are not subject to Social Security or Medicare withholding. The state issues a Form 1099 for PFL benefits above $600. Federal taxes are not automatically withheld from either SDI or PFL payments, so consider submitting Form W-4S to request voluntary withholding or making estimated tax payments to avoid a surprise bill at filing time.²¹

1
California Legislative Information. California Code GOV 12945.2 – Family Care and Medical Leave
2
Cornell Law Institute. California Code of Regulations Title 2 Section 11090 – Computation of Time Periods
3
California Civil Rights Department. Pregnancy Disability Leave Fact Sheet
4
California Legislative Information. California Code GOV 12926 – FEHA Definitions
5
California Legislative Information. California Code GOV 12945 – Pregnancy Disability Leave
6
Office of the Law Revision Counsel. 42 USC 2000gg – Pregnant Workers Fairness Act Definitions
7
California Legislative Information. California Labor Code 246 – Paid Sick Leave Accrual
8
California Legislative Information. California Labor Code 248.5 – Paid Sick Leave Penalties
9
Employment Development Department. Maximum Weekly Benefit Amount for 2026
10
Employment Development Department. Contribution Rates, Withholding Schedules, and Meals and Lodging
11
Employment Development Department. Disability Insurance Claim Process
12
Employment Development Department. Paid Family Leave
13
Employment Development Department. How to File a Disability Insurance Claim in SDI Online
14
California Legislative Information. California Government Code 12945.7 – Bereavement Leave
15
California Legislative Information. California Code Government Code 12945.6 – Reproductive Loss Leave
16
Cornell Law Institute. California Code of Regulations Title 2 Section 11092 – Terms of CFRA Leave
17
U.S. Department of Labor. FAQs on COBRA Continuation Health Coverage for Workers
18
Cornell Law Institute. California Code of Regulations Title 2 Section 11091 – Requests for CFRA Leave
19
California Department of Human Resources. CalHR 755 – Certification of Health Care Provider
20
California Department of Industrial Relations. Laws that Prohibit Retaliation and Discrimination
21
Internal Revenue Service. Life Insurance and Disability Insurance Proceeds