California has many workplace leaves of absence laws: serious health condition, serious health condition of a family member, maternity/paternity leave; sick leave, kin care leave, bereavement leave, reproductive loss leave, pregnancy disability leave, disability leave, jury leave, subpoena leave, crime victim leave, domestic violence leave, voting leave, leave to attend school suspension conference, leave to enroll child in school and attend to school emergencies, drug or alcohol rehabilitation, organ doner leave, military spouse leave, military injury leave, workers compensation leave, and other potential leaves depending on the situation.

Most leaves are unpaid unless the employer has a policy or program that allows the employee to take paid time off for unpaid leaves. However, California requires employers to pay for a few of the listed leaves. Those leaves are sick leave, kin care leave, voting leave, and organ doner leave.

State Disability Insurance (SDI) can provide pay for non-work-related disability leave, including pregnancy disability. After giving birth, adopting a child, or fostering child, Paid Family Leave (PFL) can pay for bonding time. PFL also can cover: 1) recovering from a serious non-work-related injury and 2) caring for a seriously ill family member. Of course, workers compensation leave also covers wages for injured employees.

On construction sites, where employees suffer work related injuries more often than in other industries, workers compensation leave is fairly common. Regardless, construction workers may be eligible for any of the other types of leave listed if they are otherwise eligible for them.

The same is true of Kitchen employees. They often find themselves on the wrong end of a sharp blade or burned by a hot pans, plates, and tools, and that can lead to workers compensation leave. Of course, they too may be eligible for the other listed leaves as well.

Employment Law Office of Ward Heinrichs
4565 Ruffner Street, Suite 207
San Diego, CA 92111
858-292-0792
(858)408-7543 (fax)