California Family Leave Laws 2026
Last updated: · Source: California labor department
California · Leave Laws 2026
Federal FMLA
Applies (50+ employees)
State Leave Law
California Family Rights Act
State Employer Threshold
5+
Paid Family Leave
California Paid Family Leave — up to $1,765/wk
Bereavement Leave
5 days
FMLA in California: How Federal Leave Works
Federal FMLA applies to every qualifying employee in California the same way it applies nationwide: up to 12 weeks of unpaid, job-protected leave for employees who've worked 12+ months and at least 1,250 hours for an employer with 50+ employees within 75 miles.
California Family Rights Act (CFRA): CA State FMLA
California's California Family Rights Act (CFRA) extends job-protected leave to more workers than federal FMLA alone: it applies to employers with as few as 5 employees, versus the federal threshold of 50. Eligible employees can take up to 12 weeks of leave.
Eligibility test: Same 12-month + 1,250-hour test as federal FMLA.
California Paid Family Leave (CA PFL): Benefits & Eligibility
California Paid Family Leave pays eligible workers approximately 90% of their wages, up to $1,765/week, for up to 8 weeks . The program has been in effect since 2004-07-01.
90% of wages for lower earners (up to roughly $65,120/year), 70% for higher earners, up to the weekly cap. Raised from a flat ~60-70% by SB 951, effective 2025.
| Weeks available | 8 |
| Wage replacement | 90% (tiered) |
| Max weekly benefit | $1,765 |
| Covers bonding with a new child | Yes |
| Covers caring for a family member | Yes |
| Covers military family leave | Yes |
Apply through the official CA PFL site ↗ Estimate your weekly benefit →
California Bereavement Leave: What CA Law Requires
California requires covered employers (5+ employees) to provide 5 days of bereavement leave under AB 1949, in effect since 2023-01-01.
How CFRA, FMLA & CA Paid Family Leave Work Together
When a leave qualifies under both federal FMLA and California Family Rights Act, the two run concurrently — counting against both entitlements at the same time — and the employee gets whichever protection is more generous on each specific point (employer size, weeks, covered relationships).
Frequently Asked Questions
California PFL pays approximately 90% of your wages, up to a maximum of $1,765 per week, for up to 8 weeks. The benefit amount is calculated based on your highest-earning quarter in the base period.
CFRA (California Family Rights Act) applies to employers with 5+ employees — much broader than federal FMLA's 50-employee threshold. CFRA also covers more family relationships, including siblings, grandparents, grandchildren, and registered domestic partners. Both provide up to 12 weeks of job-protected leave and typically run concurrently.
Yes. California Pregnancy Disability Leave (PDL) provides up to 4 months of job-protected leave for pregnancy-related disability, separate from CFRA's 12 weeks. PDL applies to employers with 5+ employees with no tenure requirement. CA State Disability Insurance (SDI) can pay partial wages during PDL.