Leaves of Absence

Introduction

Navigating the numerous leaves of absence can be challenging. It is important employers stay informed of the applicability and requirements of each leave of absence. This article will explain the newer laws, discuss the different leaves of absence and their applicability to employers, explain whether a leave of absence may constitute a reasonable accommodation, and explain reinstatement rights.

2026 Updates on Leaves of Absence

The California legislature amended some leave of absence provisions and it is important that employers update their policies to reflect these changes.

AB 406: Employment: unlawful discrimination: victims of violence

On October 1, 2025, AB 406 was signed into law.¹ AB 406 expands the uses for paid sick leave. AB 406 now makes paid sick leave available for employees who are or are a family member of a victim of certain crimes and are attending judicial proceedings related to that crime. The new law also allows employees to use paid sick leave for employees to appear in court as a witness to comply with a subpoena or other court order, or if the employee is serving on an inquest jury or trial jury.

“Victim” is defined as a person against whom a violent felony, serious felony, and/or felony theft or embezzlement is committed. It also includes a person who suffers direct or threatened physical, psychological, or financial harm due to the commission or attempted commission of the following crimes: vehicular manslaughter while intoxicated; felony child abuse likely to produce greater bodily harm or death; assault resulting in the death of a child under eight years old; felony domestic violence; felony physical abuse of an elder or dependent adult; felony stalking; solicitation for murder; a serious felony; hit-an-run causing death or injury; felony driving under the influence causing injury; and sexual assault.

SB 590: Paid family leave: eligibility: care for designated persons

Employees may use paid family leave to take time off to care for a “designated person.” This designated person must be identified at the time benefits are claimed. A “designated person” means any care recipient related by blood or whose association with the individual is the equivalent of a family relationship.

Leave policies may vary depending on the number of employees

Not all leaves of absence apply to every employer. Many leaves of absence apply depending on the number of employees an employer has. It is important that employers use the correct and applicable leaves of absence to maintain compliance.

            Leaves of absence that apply to all employers

The following leaves of absence apply to all employers, regardless of the number of employees.

• Time Off for Attending Child’s School Discipline²
• Time Off for Duty as Election Official
• Time Off for Jury and Witness Duties³
• Time Off for Victims of Certain Felonies⁴
• Time Off for Voting⁵
• Workers' Compensation Leave

Leaves of absence depending on the number of employees

The following are leaves of absence that depend on the number of employees. Some leaves of absence will only apply if there are a certain number of employees. Other leaves of absence will apply to all employers but will have different requirements depending on the number of employees employed. Careful review of the leaves of absence and a determination of their applicability to each employer’s particular workforce is advisable. It is also recommended that applicable leaves of absence are properly and accurately referenced in written employment policies and handbooks.

• Time Off for Volunteer Firefighters, Emergency Rescue Personnel, and Reserve Peace Officers⁶
• Time Off for Victims of a Qualifying Act of Violence⁷
• Time Off for Attending Child’s School Activities⁸
• Time Off for Organ and Bone Marrow Donation⁹
• Time Off for Adult Literacy Programs¹⁰
• Drug/Alcohol Rehabilitation Leave¹¹
• Civil Air Patrol Leave¹²
• Military Leave of Absence
• Pregnancy Disability Leave¹³
• Medical Leave of Absence
• Reproductive Leave of Absence
• Funeral and Bereavement Leave of Absence
• Family and Medical Leave Act
• California Family Rights Act

Is a Leave of Absence Considered Reasonable Accommodation Under the ADA?

The American with Disabilities Act (ADA) was established to ensure that disabled individuals have the same rights and opportunities as non-disabled individuals. Employers with fifteen (15) or more employees are required to follow the ADA. Employers with five (5) or more employees are required to comply with the state law counterpart in the California Fair Employment and Housing Act (FEHA), which contains similar obligations and provisions.  These statutes require employers to provide reasonable workplace accommodations upon request to employees with physical or mental disabilities. The reasonable accommodations are meant to enable disabled employees to perform the essential functions of the job duties.

An unpaid leave of absence is generally considered reasonable accommodation with some limitations.  In general, a leave of absence is considered reasonable if: the employee cannot currently perform his or her job duties or needs time to treat or recover from a medical condition and has provided medical certification; the employee will most likely be able to return to work at the end of the leave of absence; the employee’s absence will not impose an undue hardship on the employer; and there are no other reasonable accommodations that can be made to achieve the same result. An employer who does not grant a requested accommodation must show that the accommodation imposes an undue hardship on the employer or that another reasonable accommodation was provided.

Reinstatement of employees after returning from leave

Under most of the statutory leave laws listed above, once an employee’s leave of absence ends, the employee has a right to return to the same or comparable position. If an employee’s serious health condition continues past the time of the statutory protected leave, the employer must carefully consider whether the accommodation of a continued unpaid leave of absence under the ADA/FEHA is reasonable and required.  Additionally, an employer should examine its own attendance policy to determine whether a violation has occurred if an employee, who has been released to work by their health care provider, fails to return. Written notice of the terms and conditions of the absence, including reinstatement rights, is required by law. In this regard, such a notice also promotes and regulates the leave of absence and any reinstatement expectations. So, written notice of the continuing terms and conditions of the leave of absence and any reinstatement rights is strongly advised for all leaves of absence.

Conclusion

The different leaves of absence can be difficult to navigate but the attorneys at Palmer Kazanjian Wohl Hodson are ready to advise you on how to apply the leaves of absence and explain how they interact with each other. We are glad to offer guidance to clients who want to improve and maintain compliance within the workplace.

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¹ California Legislative Information, https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB406

² Cal. Lab. Code § 230.7

³ Cal. Lab. Code § 230; 28 U.S.C. § 1861 et seq.

⁴ Cal. Lab. Code § 230.2

⁵ Cal. Elec. Code § 14000

⁶ Cal. Lab. Code §§ 230.3, 230.4

⁷ Cal. Lab. Code §§ 230, 230.1

⁸ Cal. Lab. Code § 230.8

⁹ Cal. Lab. Code §§ 1508-1513

¹⁰ Cal. Lab. Code § 1041

¹¹ Cal. Lab. Code § 1025

¹² Cal. Lab. Code §§ 1500-1507

¹³ Cal. Gov. Code § 12945