All of us deserve to be able to care for our loved ones, but challenges at work can get in the way. Thankfully, caregivers in California have extra state protections in addition to their rights under federal law. 

Keep reading to learn more about family caregivers’ rights to workplace protections, accommodations, and paid leave.

Does my job have to let me take time off work for caregiving?

Do I have to take caregiving leave all at once?

Can I get paid while taking caregiving leave?

Can a family caregiver be an IHSS Provider and get CA Paid Family Leave? 

Do I have rights to changes at work because of caregiving?

What can I do if I’m being treated unfairly at work because I’m a caregiver?

Does my job have to let me take time off work for caregiving?

Most California employees are eligible to take leave to provide care for a loved one who has a serious health condition under the California Family Rights Act (CFRA). If eligible, the law would give you a right to take up to 12 weeks of leave each year and return to your job. During this leave, your employer must continue to provide health insurance. This law can protect you even if you aren’t using paid leave (and you can use paid leave even if you don’t qualify for this protection). 

To be eligible, you must: 

1. Work for an employer that has 5 or more employees. 
2. Have worked for the employer for at least 12 months total.
   • (It doesn’t need to have been 12 months in a row.) 
3. Have worked for the employer at least 1,250 hours in the 12 months before taking leave. 
   • (That’s roughly 25 hours per week.) 
4. Be using the leave to provide care for a qualifying family member.
   • This includes your child, parent or parent-in-law, grandchild, grandparent, sibling, spouse (husband/wife), registered domestic partner, and one designated person each year. Your designated person can be any person with whom you have a family-like relationship.

The CFRA makes it illegal for an employer to fire you for taking leave. They must bring you back to your original position (or a virtually identical one) after your leave is over. Your employer also can’t discourage you from taking leave or try to block you from taking leave that you are entitled to. 

Learn more about job protections and leave for family caregivers.

Do I have to take caregiving leave all at once?

No, you don’t have to take caregiving leave in one big chunk. You can take “intermittent” leave, which is time off work taken in smaller periods of time. 

Examples include: 

• Reducing your daily working hours 

• Taking one or two days off every week and working the other days 

• Taking every other week off 

Can I get paid while taking caregiving leave?

California’s Paid Family Leave (PFL) program provides pay for up to 8 weeks in a 12-month period. It can be used by caregivers who want to work fewer hours or to stop working for a while in order to provide care for a family member. 

To be eligible for paid leave, you must: 

1. Have paid into California’s State Disability Insurance (SDI) fund at any time in the last 5 to 18 months and earned at least $300 in the last 18 months, 

Look at your paystubs to see if you have “CA SDI” or a similar deduction listed on it.

2. Be caring for a qualified family member who has a serious health condition, and 

This would be your child, parent or parent-in-law, sibling, grandchild, grandparent, spouse (husband/wife), or registered domestic partner. Starting in 2028 it can include another designated person. 

3. Be missing wages, either from reduced hours or taking time off work.

Note: You can qualify for PFL even if you don’t qualify for job-protected leave under CFRA (above). However, if you receive PFL while you are not eligible for CFRA, your right to return to your job may not be protected–contact us for more information.

Can a family caregiver be an IHSS Provider and get CA Paid Family Leave? 

Yes, In-Home Supportive Services (IHSS) providers can use CA PFL if: 

• They have paid into the CA SDI fund (see above) and 

• They’re working fewer (or no) hours to provide care for a family member 

Here’s an example: 

Grace works a full-time job and pays into SDI. Her mom has a health crisis, and Grace would like to take time off work to care for her. Grace takes leave from her regular job to care for her mom as an IHSS caregiver. She also gets Paid Family Leave, because Grace isn’t making as much money as an IHSS caregiver as she did while working her full-time job. 

Our guide gives information about an option to use CA PFL while also being paid to care for a family member using IHSS benefits. 

Do I have rights to changes at work because of caregiving?

Family caregivers may be entitled to changes to how, when, or where their job is done. Commonly needed changes (also known as “accommodations”) include:  

• Schedule changes or flexibility 

• Shift predictability or stability 

• Excusing occasional tardiness 

• Change in job location or remote work 

• Reduced hours 

• Permission to carry a cell phone 

• Intermittent time off 

California law on workplace accommodations for caregivers is complex. There are different protections that apply to different situations and at different times. It is important to know that employers must treat caregivers for people with disabilities just as well as employees who do not have a relationship with someone with disabilities. That means caregivers should be given the same freedoms and opportunities as other employees. For example, if your boss lets other workers have schedule changes, your boss shouldn’t refuse to give you schedule changes just because you need them to care for a disabled family member. In addition, some courts have indicated that employers must make job changes for employees caring for people with disabilities, even if it isn’t the norm at that workplace. Because your rights will depend on your specific situation, call our free helpline to learn more.

What can I do if I’m being treated unfairly at work because I’m a caregiver?

If you feel you are being treated worse at work because of your family responsibilities, you may be experiencing caregiver discrimination. Penalizing or firing a worker for taking leave to care for a family member can violate several laws. It can also be illegal to discriminate against workers because they provide care for a disabled family member, even if they don’t take time off work. 

If you believe you might be facing discrimination or retaliation at work, contact WorkLife Law’s free legal helpline to talk to a lawyer. Our team is here to help.