What Is California Family Leave?

California is the first state to pass family leave legislation for short-term absences.

The California Paid Family Leave Insurance Program and Family Kin Care Policy are similar to the federal Family Medical Leave Act. All three programs allow employees to exercise excused leave to tend to family illnesses or to take care of their own illnesses. However, under the federal Family Medical Leave Act, only medical emergencies and service member absences are allowable, and the leave is not paid.

Paid Family Leave Insurance Program

California's Paid Family Leave Insurance Program allows employees to take up to six weeks of paid annual leave to care for their seriously ill domestic partners, parents, spouses or children. They may also use leave to bond with their newborn children. The State Disability Insurance program administers the Paid Family Leave program. All private sector employees covered by the State Disability Insurance program receive benefits through the Paid Family Leave Program, and California requires most employees to contribute to the state's disability insurance pool.

Coverage

Employees can receive up to six weeks of lost wages during their family leave absences, as long as they have earned at least $300 in wages during the base period used by the state to calculate wages. They receive a portion of their wages if they are unable to work for at least eight days consecutively. The leave program covers serious health conditions that lead to incapacity or inability to work. The program does not cover common conditions such as common colds and earaches. Employees can use up to six weeks per year of family leave.

Family Kin Care Policy

The Family Kin Care Policy is not a paid leave program. However, Californian employees can use any of their existing paid leave during their absences. The Family Kin Care program covers medical illnesses and does not limit coverage to medical emergencies. Although California does not require employers to pay their employees for vacation or sick leave, employers who voluntarily pay their employees these fringe benefits must allow them to use half of any accrued leave to subsidize their absences. Employers do not have to enact personnel policies specifically for the Kin Care Policy but only need to allow their employees to use existing leave.

Considerations

Since employment laws frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.

References

• California Department of Personnel Administration: Questions and Answers FMLA
• California Department of Industrial Relations: Employer Handbook of California's Wages and Payment Laws
• California Employment Development Department Paid Family Leave
• California Division of Labor Standards Enforcement: Vacation Pay