No, CFRA leave is not paid. The California Family Rights Act gives you up to 12 weeks of job-protected time off, but it does not require your employer to keep your wages coming while you’re out. To replace some of that lost income, most workers combine accrued paid time off with partial wage replacement through State Disability Insurance or Paid Family Leave, which can cover roughly 70 to 90 percent of your regular pay depending on what you earn.
Why the Law Makes CFRA Leave Unpaid
Government Code Section 12945.2 says it plainly: an employer is not required to pay an employee during CFRA leave.1California Legislative Information. Government Code 12945.2 – Family Care and Medical Leave The protection CFRA offers is your job, not your paycheck. Your employer has to hold your position (or an equivalent one) until you come back. Continued wages are left to other programs and to whatever your employer’s own policies happen to be.
Using Accrued PTO, Vacation, and Sick Leave
The fastest way to keep money coming in is to spend time you’ve already earned. You can choose to use accrued vacation or undifferentiated PTO during any CFRA leave, and your employer can require you to use it too.2Legal Information Institute. Cal Code Regs Tit 2, 11092 – Terms of CFRA Leave Once those hours run out, the rest of your leave goes back to being unpaid.
Sick leave has its own rules. Your employer can force you to use accrued sick days only when the leave is for your own serious health condition. For bonding with a new child or caring for a family member, using sick leave requires an agreement between you and your employer.2Legal Information Institute. Cal Code Regs Tit 2, 11092 – Terms of CFRA Leave
One exception works in your favor. If you’re already collecting State Disability Insurance for your own health condition, your employer cannot require you to burn through accrued vacation or sick time. You may still choose to top up your SDI checks with accrued leave, but that decision stays with you.3California Civil Rights Department. Family Care and Medical Leave Quick Reference Guide
State Disability Insurance When the Leave Is for You
California funds two wage replacement programs through mandatory payroll deductions, and most workers can use them during CFRA leave. The line labeled “CASDI” on your pay stub is the one. For 2026, the employee contribution rate is 1.3 percent of all wages with no cap.4Employment Development Department. Contribution Rates, Withholding Schedules, and Meals and Lodging Values
When your leave is for your own serious health condition or pregnancy-related disability, you file for SDI through the Employment Development Department. Benefits are pegged to your highest-earning quarter during a base period covering wages paid roughly 5 to 18 months before your claim starts.5Employment Development Department. Disability Insurance Benefit Payment Amounts The scale is tiered:
- Lower earners (up to about $65,120 annually) receive approximately 90 percent of weekly wages.
- Higher earners (above about $83,725 annually) receive approximately 70 percent, up to the maximum.
- The 2026 maximum weekly benefit is $1,765.6Employment Development Department. Contribution Rates and Benefit Amounts
To qualify, you need at least $300 in base-period wages from which SDI deductions were taken.5Employment Development Department. Disability Insurance Benefit Payment Amounts SDI has a seven-day non-payable waiting period before benefits begin, so file as soon as your leave starts.7Employment Development Department. Disability Insurance Benefits and Payments FAQs
Paid Family Leave for Bonding or Caregiving
If your CFRA time off is to bond with a new child or care for a seriously ill family member, you apply for Paid Family Leave instead of SDI. PFL provides up to eight weeks of partial wage replacement within a 12-month period, using the same percentage tiers and maximum benefit as SDI.8Employment Development Department. Paid Family Leave The same $300 minimum earnings threshold applies.
PFL and CFRA run at the same time but are handled by completely separate agencies. CFRA protects your job through the California Civil Rights Department; PFL provides your income through the EDD. Apply for PFL separately through the EDD’s online portal, and be ready to submit medical certification or proof of your family relationship.9Employment Development Department. Paid Family Leave Benefits and Payments FAQs
If Your Employer Uses a Voluntary Plan
Some employers offer a Voluntary Plan in place of the standard state SDI program. These plans must provide all the same benefits as SDI plus at least one better benefit, and the employee contribution rate can’t exceed the state rate.10Employment Development Department. Voluntary Plan If your employer has one, file your disability or family leave claim directly with your employer rather than through the EDD. Check your employee handbook or ask HR which program covers you.
Health Insurance While You’re Out
Unpaid does not mean uninsured. Your employer must maintain your group health coverage at the same level and under the same conditions as if you were still working, for up to 12 weeks.1California Legislative Information. Government Code 12945.2 – Family Care and Medical Leave The employer keeps paying its share of the premiums. You’re still responsible for your usual share, which during unpaid leave usually means sending a check or arranging payment with HR rather than having it withheld from a paycheck.
If you don’t return to work after your leave ends, your employer can seek reimbursement for the premiums it paid while you were out. Two situations block that recovery: if you didn’t return because of a continuing serious health condition that qualifies for CFRA leave, or if circumstances beyond your control prevented your return.2Legal Information Institute. Cal Code Regs Tit 2, 11092 – Terms of CFRA Leave
The Pregnancy Exception
Pregnancy changes the math. Pregnancy Disability Leave and CFRA leave do not run at the same time. PDL covers the period you’re physically disabled by pregnancy and childbirth (up to four months), and CFRA’s 12 weeks of baby bonding leave begin only after PDL ends.11California Civil Rights Department. Leave for Pregnancy Disability and Child Bonding Quick Reference Guide Stacking both gives you up to four months plus 12 weeks of job-protected time off. For income, the disability portion is typically covered by SDI, and the bonding portion by PFL, so a pregnancy leave often draws on both wage replacement programs in sequence.