California Leaves and accommodations — Ask HR AI

What changes in California

State-specific notes: Dual ICRAA + CCRAA disclosure; July 2024 FEHA regulations expand criminal-record assessment requirements.. AB 2188 (effective Jan 1, 2024) prohibits adverse action based on off-duty cannabis use or on a test detecting only non-psychoactive metabolites. SB 700 bars asking about prior cannabis use. DOT-regulated and certain federal-contractor roles are carved out.

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"An employee needs 4 weeks off for surgery and 8 weeks of intermittent recovery — how do I sequence FMLA, ADA, and short-term disability? Focus on California."

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Practitioner steps for California

Step 1. Layer California paid sick leave and any state PFL on top of federal FMLA and ADA — always run the interactive process for medical accommodations.
Step 2. Track CA-specific pregnancy accommodation and lactation-break rules.
Step 3. Use written accommodation determinations for every request; document essential functions and available alternatives.
Step 4. Coordinate leave, ADA, and workers' compensation carefully — mishandled overlap is one of the most common California employer claims.

Applicable California statutes and references

Cal. Civ. Code §1786 (ICRAA)
Cal. Gov. Code §12952
Cal. Gov. Code §12954
Lab. Code §432.3
SB 1162 (2023)
15 U.S.C. §1681 et seq. (federal FCRA)

Frequently asked (federal + California overlay)

When does an employee become eligible for FMLA?

An employee is FMLA-eligible when they have worked for a covered employer for at least 12 months (not necessarily consecutive), for at least 1,250 hours in the 12 months before leave, and at a worksite with 50 or more employees within 75 miles.

Do FMLA and ADA cover the same leave?

They often overlap but are not the same. FMLA provides up to 12 weeks of unpaid, job-protected leave for qualifying reasons. The ADA can require additional leave as a reasonable accommodation after FMLA is exhausted, if it will enable the employee to return to work and does not cause undue hardship.

What is the ADA interactive process?

It is the good-faith dialogue between employer and employee to identify a reasonable accommodation that will allow the employee to perform the essential functions of the job. It should be documented, timely, and revisited if the situation changes.

What does the Pregnant Workers Fairness Act require?

The PWFA requires covered employers (15+ employees) to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, absent undue hardship — and prohibits requiring leave when another accommodation is available.

Same topic in another state

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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.

Leaves and accommodations in California.