Leave Rights for California Nonprofit Employees

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It is a full time job just to list the leaves available to California employees, let alone administer them.  For example, California employees are entitled to family and medical leave, disability leave, California family sick leave, California pregnancy disability leave, paid family leave, military leave, leave to appear at a child’s school, leave for victims of domestic violence, leave for jury duty and court appearances, and time off to vote, among others.  To complicate matters, many, but not all, of the leaves run concurrently.  Several of the leaves share definitions and eligibility criteria – but they also carve out exceptions unique to that particular leave.

While a general understanding of the leave laws is essential to navigating these leave rights, its application is highly fact specific.  This chapter addresses each leave separately, flagging concurrent leave issues as they arise.  Eligibility criteria, computation issues, definitions of key terms, and practice tips for administration are all addressed.

Topics Include:

  • Paid Sick Leave 
    • Paid Sick Leave Law
    • Protected Sick Leave
  • California Pregnancy Disability Leave (PDL)          
    • Eligibility
    • Length Of Leave
    • Use Of Vacation And Sick Leave
    • Medical Certification
    • Maintenance Of Health Benefits
    • Notice Requirements
    • Transfer To Accommodate Intermittent Leave Or A Reduced Work Schedule
    • Reinstatement
  • Family And Medical Leave
    • Which organizations Are Covered By The Acts?
    • Which Employees Are Eligible For Leave?
    • How Much Leave Time Is An Employee Entitled To Take?
    • For What Reason Is Leave Permitted?
    • How Is An Employee’s Right To Leave Affected By their Spouse’s Or Registered Domestic Partner’s Status Or Use Of The Leave?
    • What Notice Is An Employee Required To Give An Employer When Requesting Leave?
    • Is An Employee Required To Provide Medical Certification To Support A Request For Leave?
    • What Are Organizations’’ Obligations In Granting Leave And Providing Employees With Notice Of Their Rights To Leave?
    • Are Employees Entitled To Be Paid While On Leave?
    • Are Employees Entitled To Medical Insurance Or Other Benefits While On Family And Medical Care Leave?
    • What Is An Employee’s Status While On Leave?
    • Military-Related Leaves Under The FMLA
    • Is An Employee Entitled To Reinstatement After Being On Leave?
    • What Remedies Are Available To An Employee For An Organization’s Violation Of The Acts?
    • What Obligation Does An Organization Have To Keep Records Pertaining To Family Care And Medical Leave?
    • How Are Employees Who Request Leave, Or Otherwise Assert CFRA or FMLA Rights, Protected?
  • Bereavement Leave
  • COVID-19 Related Leave
    • California and Local Paid Sick Leave
    • School Activities Leave for School Closures and Exclusion of a Child from School
    • FMLA/CFRA Leave
    • Workers Compensation Benefits
    • Local Ordinances
  • Paid Family Leave
    • Employee Eligibility
    • For What Reason are benefits available?
    • Concurrent Use PFL AND FMLA/CFRA
    • Calculation of Benefits
    • San Francisco Paid Parental Ordinance
  • Organ Or Bone Marrow Donation Leave
    • Employee Eligibility
    • Documentation
    • Concurrent Use Of Leave
  • Vacation Leave
  • Sabbatical Leave
    • Sabbatical Leave v. Vacation
    • Best Practices
  • Leave For Victims Of Crimes
    • Leave For Victims To Attend Criminal Court Proceedings
    • Leave For Victims Of Crimes
  • Jury Duty And Witness Testimony Under Subpoena
  • Leave To Perform Emergency Duties Or To Attend Related Training
  • Time Off To Vote
  • Leave To Appear At Child's School
    • School Activity
    • Child Suspension
    • Notice
    • Consequences
  • Military Leave
    • Consequences And Remedies For Violations
    • Definitions
    • Health Insurance Benefits
    • Reemployment After Military Leave
    • Civil Air Patrol Leave
    • California Military Family Leave Act
  • Industrial Injury Leave
    • Arising Out Of Employment
    • Course Of Employment
    • Other Special Circumstances Of Injury
    • Categories Of Injuries
    • Types Of Injuries

This document is provided as a benefit to Liebert Library subscribers and cannot be shared outside of their organization. The information contained within is a template only and is not designed to address the specific and unique issues, internal rules, practices, and/or governing documents that might be in place at your organization. You should always consult with legal counsel prior to implementation of any documents.

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