A Map Through the Maze of Leaves of Absence Laws in California
Your employee is pregnant. Now you must determine which of the statutes apply, and when: PDL, PFL, FMLA, CFRA, SDI, and ADA all may apply at various times during the leave. Presumably it is not a work-related condition (!), but returning mothers can claim that work stress after giving birth is too much. If you’re not sure how all these interactions work, this is the seminar you want to attend.
Did your employee claim workers compensation benefits and have you been covering health insurance premiums for the last seven months while they are on leave, and want to stop? Had you provided the employee with an FMLA/CFRA notice at the outset, you could have discontinued paying health insurance premiums after 12 weeks. Now we have to start the 12-week clock at the seven month mark.
Are you aware of the new victim leave law that gives victims of crimes more opportunities to take time off for court appearances and other activities? Employees will now be able to use sick time for jury duty.
If one of your employees indicates that they have a substance abuse issue and need time off, you are required to provide that time off even if they have no FMLA/CFRA protection.
Does the “undue hardship” defense ever work in an FMLA/CFRA situation? Are you required to hold a position indefinitely? What happens when the 12 weeks of protected leave time is completed? Can you immediately terminate, or do you have ADA reasonable accommodation obligations? What is the protocol when you have someone asking for an accommodation? Have you conducted an effective interactive dialogue and documented all of the exchanges to demonstrate that you acted in good faith in determining whether a reasonable accommodation was possible?
What do you do with a person who is out on leave and every two or three week or months sends you a new doctor’s note? When can you end the relationship?
You are about to discipline an employee, but they probably know or sensed it was coming. They beat you to the punch and immediately go out on leave before you have a chance to meet regarding the termination or other disciplinary action. What’s the safest and best course moving forward?
Paid Family Leave isn’t a job protection statute. Even if it isn’t, are you going to replace an employee during those eight weeks of paid leave? Does it run concurrently with other laws?
Can you force the use of vacation, sick time or PTO during a leave of absence? It depends.
It’s true that you can treat an employee on leave as you would otherwise have treated them had they not been on leave. Nevertheless, there is risk in doing so and some enterprising attorney will find a way to go after your company even if you are “in the right.”
There are so many “gotchas” in the world of leaves of absence that it’s difficult for an employer to stay in compliance. Even seasoned HR professionals have trouble with some of these issues. Sometimes there is no clear path forward, or at least not a
path without risk. This seminar will discuss the nuts and bolts of leaves of absence and the best practices when your face these issues.
Jonathan Fraser Light is the Founding and Managing Partner of LightGabler, a boutique employment law firm representing management. He may be reached at jlight@lightgablerlaw.com
Signup to attend February 11, 2026 at County of Riverside Workforce Development in Indio Jon will educate on all the various leave laws.
Attendance is limited, sign up at www.deserteac.com
The Desert Communities Employer Advisory Council (EAC) is a nonprofit, volunteer-led organization committed to supporting local employers and strengthening workforce success throughout the valley.
Our mission is to empower employers with knowledge, reduce risk, and promote economic growth through education, collaboration, and community involvement. Together, we’re building a stronger, more informed employer community across the Desert Communities
