California regularly expands the already long list of unpaid required leaves of absence, during which the employer must hold the worker’s position open pending return. These include pregnancy, family/medical, disability leaves, and many more. See, for example, Handbook Helper Episode 38; Bereavement Leave Policy (September 21, 2023).

Employers also have discretion to approve unpaid leaves for a host of other reasons not (yet) covered by the Labor Code such as a long-term sabbatical or attending school.  The company policy manual should lay out the conditions for such a leave:

• can require use of paid leave and vacation for the absence;

• may count as part of the worker’s family/medical leave entitlement (up to 12 workweeks in a 12-month period);

• group health insurance plan, pension and retirement plan or supplemental insurance plan offered by the Company will continue during the leave only to the extent required by each plan or by law;

• limit such leaves to six months or other duration;

• vacation/paid time off and paid sick leave do not accrue during such a leave;

• while there are no “guarantee of return” rights after such a leave, if employee is reinstated, management will seek to place him/her in a position for which the employee is qualified;

• if the employee fails to return by the final day of approved leave, the employer may conclude the worker has voluntarily resigned.

Policy Drafting Tip:

Covered employers can, but are not required to, implement a policy for discretionary personal leaves of absence. That policy – as well as the documentation approving a particular leave – should include the limiting provisions as above.

Take-Aways:

Implement and regularly review your handbook to include all applicable leave policies, including voting leave, and educate and train your supervisors on these laws.

We publish this series to educate employers on best practices for a well-written handbook that assists applicants, employees, and management alike. To purchase our current template handbook – which contains the above policy and much more – and accompanying forms or for more information, please contact Office Manager Aimee Rosales at 626.583.6600 or officemgr@tbowleslaw.com.

See also:

• Muffle the Kerfuffle – Workplace Policy Handbook & Forms for 2024 (September 6, 2024)
• Work Time Off for Voting (June 7, 2024)
• Reproductive Loss Leave (November 2, 2023)
• Attendance and Absence Policy – Show Up Standards (June 22, 2023)

Helena Kobrin
September 20, 2024