©2025 Seyfarth Shaw LLP www.seyfarth.com 2025 Cal-Peculiarities | 37 leave may not exceed the 12 weeks of leave provided under the FMLA. 82 Employers may limit the total amount of leave to 12 weeks. 83 If an employee is a victim, then the employee may take up to 12 weeks of leave for covered reasons under the law. If an employee who is not themselves a victim takes leave for a covered family member who is not deceased, the employer may limit the total amount of leave to 10 days.84 However, if an employee who is not themselves a victim takes leave for a covered family member who is not deceased solely for assisting with relocation or enrollment in a new school or childcare, the employer may limit the total amount of leave to 5 days.85 Employees who take time off to obtain these services should give advance notice unless doing so is not feasible. When an unscheduled absence occurs, the employer may not take any adverse action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer upon request.86 Examples of sufficient certification include but are not limited to, a police report indicating that the employee or covered family member of the employee was a victim; a court order protecting or separating the employee or a covered family member of the employee from the perpetrator of the qualifying act of violence; documentation from a licensed medical professional, domestic violence counselor, victim advocate, licensed health care provider, or counselor that the employee or family member was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.87 Employers must maintain the employee’s confidentiality.88 Employees may use vacation, personal leave, or other compensatory time off for leave taken to obtain victim-related services.89 2.8 Time Off for Good Deeds and Related Training California employers must allow employees to take leaves of absence to serve as volunteer firefighters, reserve peace officers, and emergency rescue personnel.90 California law also requires employers with 50 or more employees to provide up to 14 days of temporary leave per calendar year to allow employees to engage in fire, law enforcement, and emergency rescue training activities.91 Employees subjected to an adverse employment action for taking time off for these reasons can seek reinstatement and recovery of lost wages and work benefits. A willful violation of this law may constitute a misdemeanor.92 Volunteer service with the Civil Air Patrol also qualifies for up to 10 days of unpaid leave if the employer has 15 or more employees.93 Employees are required to give as much notice as possible of the start and end date for Civil Air Patrol leave, and employers may require that the employee provide certification from the Civil Air Patrol. 94 Employees taking this leave cannot be required to exhaust other forms of leave, such as accrued vacation, and must have their position and benefits restored upon returning from leave. 95 2.9 Voting Leave At least ten days before each statewide election, California employers must post a notice that employees who lack time to vote during nonworking hours may take paid leave of up to two hours to vote.96 This time off to vote should be at the start or end of the regular work shift, whichever allows the most time for voting.97 2.10 Child-Related Activities Leave All employers (regardless of size) must permit parents or guardians to take time off to appear in their child’s school pursuant to a request from the school to do so because the child has been suspended, so long as the employee gives reasonable advance notice.98 Employers with 25 or more employees at the same location must grant unpaid leave of up to 40 hours each year to a parent of a child in grades kindergarten through 12, or at a licensed child care provider, to participate in various activities for their child.99 Among the activities covered are finding and enrolling in school or licensed child
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