Employees qualify for FMLA leave as long as they have worked for at least twelve months and at least 1,250 hours during the previous twelve months; they must also work at a location within seventy-five miles of their employer, at which at least fifty workers are employed. It is usually possible for paid leave to take the place of FMLA leave.
Additionally, no company with fewer than fifty employees is required under California law to provide either paid or unpaid sick leave. However, any company voluntarily providing paid sick leave for employees must allow said employees to use all sick leave accrued during a period of time set by company regulations. While company policies for sick leave may allow for a “use it or lose it” approach to paid sick leave, they cannot disallow the use of sick leave against their own policies.
During any such time period; under California labor law, employees must be allowed the opportunity to use all accrued sick leave to the extent allowed under company policy. Regardless of company policies, California employees may qualify for paid sick leave through the State Disability Insurance or Paid Family Leave programs.