No Mandated Use of Accrued Vacation Before California Paid Family Leave (PFL)

California provides PFL benefits as a partial wage replacement for employees who are caring for certain family members, bonding with a new child, or participating in a qualifying event because of a family member’s military deployment. This is a partial wage replacement rather than a leave entitlement but is often used when an employee is taking protected leave. In the past, employers could require employees to use up to two weeks of accrued vacation before they began receiving PFL benefits. Effective January 1, 2025, consistent with AB 2123 which amends Unemployment Insurance Code section 3303.1, employers can no longer do require employees to do so.

This legal update and any use of its information does not create an attorney-client relationship. Nothing contained on this website should be considered legal advice for any specific employer or employment situation. Consult legal counsel before taking any action as a result of information contained herein.