PDL vs CFRA · FMLA
PDL vs CFRA vs FMLA in CaliforniaTwo add time. One runs alongside.
California gives a birth parent pregnancy leave first and bonding leave second. Federal FMLA overlaps both. Here is how the three laws stack, and what the other parent gets.
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The short answer
PDL vs CFRA: they add up, and FMLA does not. PDL gives the parent disabled by pregnancy up to 4 months off. CFRA then gives up to 12 more weeks to bond with your baby, because CFRA leave does not count pregnancy disability. FMLA runs at the same time as PDL and CFRA, so it adds no extra weeks. If you qualify for both PDL and CFRA, that is about 7 months of job-protected leave.
From the California labor lawyers at Employees First Labor Law, led by Jonathan P. LaCour, CEO · Senior Trial Counsel. Meet our team. Updated November 2026
On this page
- PDL vs CFRA: two leaves with two different jobs
- How PDL, CFRA and FMLA stack around your baby’s birth
- Do FMLA and CFRA run concurrently?
- Which leaves apply to you? A quick yes-or-no check
- Bonding leave for the non-birth parent
- Common PDL, CFRA and FMLA questions, by situation
- How to request PDL and CFRA leave together
- Deadlines if your PDL, CFRA or FMLA rights were violated
- PDL, CFRA and FMLA: common questions
- Keep reading
PDL vs CFRA: two leaves with two different jobs
California has two leave laws for new parents, and each one does a different job. PDL (Government Code §12945) covers the time you are disabled by pregnancy, childbirth or a related condition. CFRA (Government Code §12945.2) covers the time you spend bonding with your new child after that.
The CFRA statute says it is “separate and distinct” from PDL. It also says CFRA leave does not include leave for disability caused by pregnancy or childbirth. That is why the two add together instead of overlapping. The Civil Rights Department (CRD) puts it simply: CFRA leave runs after PDL. Our maternity leave guide gives the big picture.
The federal FMLA puts pregnancy and bonding in one bucket of 12 weeks that runs at the same time as both. See our PDL guide, and our FMLA and CFRA leave rights page for leave for an illness. For CFRA and FMLA beyond pregnancy, see CFRA vs FMLA in California and how to take family leave, step by step.
| PDL | CFRA | FMLA | |
|---|---|---|---|
| Who it is for | The parent disabled by pregnancy or childbirth | Any parent bonding with a new child | Any parent, for pregnancy or bonding |
| Employer size | 5+ employees, or any public employer | 5+ employees, or a public employer | 50+ employees, or a public agency |
| Time on the job | None | More than 12 months and 1,250 hours in the past year | 12 months and 1,250 hours, at a site with 50+ employees within 75 miles |
| How long | Up to 4 months per pregnancy (17⅓ weeks if full-time) | Up to 12 weeks in 12 months, used within 1 year of the birth | Up to 12 weeks in 12 months |
| Your job back | The same position, with narrow exceptions | The same or a comparable position | Job-protected leave |
| Pay while out | Unpaid; State Disability Insurance may pay | Unpaid; Paid Family Leave may pay | Unpaid |
How PDL, CFRA and FMLA stack around your baby’s birth
An example: a full-time worker at an employer with 50 or more employees, whose provider certifies the full 4 months of PDL. Week 0 is the birth.
- Job-protected leave
- Partial pay (state insurance)
- Depends on your situation
- PDL (job protection): week -4 to week 13 relative to birth. Up to 4 months (about 17⅓ weeks full-time) while your provider says you can’t work.
- FMLA (runs inside PDL): week -4 to week 8 relative to birth. Up to 12 weeks, counted at the same time as PDL. Adds no time.
- CFRA bonding (job protection): week 13 to week 25 relative to birth. Up to 12 weeks after PDL, if eligible. Not reduced by PDL or FMLA.
- State Disability Insurance (pay): week -4 to week 13 relative to birth. Pays while your provider certifies you are disabled.
- Paid Family Leave (pay): week 13 to week 21 relative to birth. Up to 8 weeks of partial pay to bond, after SDI ends.
- Health coverage: week -4 to week 25 relative to birth. Continues during PDL (up to 4 months) and CFRA (up to 12 weeks).
Example only. Most births need less PDL: SDI typically runs from 4 weeks before the due date to 6 weeks after a vaginal birth (8 after a C-section). Map your dates with the leave planner.
Do FMLA and CFRA run concurrently?
Yes. California’s CFRA statute says CFRA leave runs at the same time as FMLA leave, and the two together cannot go past 12 workweeks in a 12-month period. The one exception is pregnancy disability. Under the same rule, you get PDL in addition to CFRA and FMLA, if you qualify for it.
CRD says FMLA also runs at the same time as PDL. So at a larger employer, your FMLA weeks are usually used up while you are on PDL. Your CFRA bonding weeks are not.
- Full 4 months of PDL: your 12 FMLA weeks run out during PDL. You still have all 12 weeks of CFRA afterward.
- 10 weeks of PDL: the last 2 FMLA weeks run alongside your first 2 weeks of CFRA. You still get 12 weeks of CFRA.
Either way, the total is your PDL plus up to 12 weeks of CFRA, with no extra FMLA weeks. If your employer says FMLA “used up” your bonding time during pregnancy leave, that is not how the CFRA statute works. At employers under 50, FMLA does not apply, and you lose no time.
Which leaves apply to you? A quick yes-or-no check
Up to four questions. A general guide, not legal advice.
- PDL, then CFRA, with FMLA running alongside Up to 4 months of PDL while disabled, then up to 12 weeks of CFRA to bond. FMLA counts down at the same time and adds no weeks.
- PDL, then CFRA Likely up to 4 months of PDL, then up to 12 weeks of CFRA. FMLA may not cover you, but it would not have added time.
- PDL, but not CFRA yet PDL has no time-on-the-job rule, so you still get up to 4 months while disabled. CFRA needs more than 12 months and 1,250 hours. Paid Family Leave may pay you to bond, but it does not protect your job.
- PDL and CFRA do not cover this employer Both start at 5 employees, or any public employer. SDI and Paid Family Leave may still pay you if you pay into SDI. See leave at a small employer .
- CFRA bonding leave, with FMLA running alongside Up to 12 weeks to bond within a year of the birth, with FMLA running at the same time. PDL is only for the parent disabled by pregnancy. See paternity leave .
- CFRA bonding leave Likely up to 12 weeks of job-protected bonding leave within a year of the birth. Paid Family Leave may pay up to 8 weeks, if you qualify.
- Not CFRA yet, but pay may be available CFRA needs more than 12 months and 1,250 hours. Paid Family Leave may still pay you to bond, but it does not hold your job.
- CFRA does not cover this employer CFRA starts at 5 employees, or any public employer. Paid Family Leave may still pay you to bond, without job protection.
Bonding leave for the non-birth parent
PDL belongs only to the parent who is disabled by the pregnancy. The other parent does not get PDL. But CRD says both parents are entitled to CFRA bonding leave, including fathers, adoptive and foster parents, and same-sex parents, even if both parents work for the same employer. Each eligible parent gets up to 12 weeks.
The non-birth parent can bond right after the birth, during the birth parent’s PDL, or later in the first year.
When both parents work for the same employer
Under federal FMLA, married parents at the same employer can be limited to a combined 12 weeks of bonding leave. Under CFRA, each eligible parent still has a separate 12 weeks.
Caring for a partner after a hard birth
The U.S. Department of Labor says an FMLA-eligible worker may take leave to care for a spouse who is incapacitated by pregnancy or recovering from childbirth. CFRA also covers caring for a spouse or domestic partner with a serious health condition.
Paid Family Leave is open to fathers and other parents, not only mothers, and EDD looks at each worker’s eligibility on its own: up to 8 weeks of pay in 12 months. See our guides to paternity leave and adoption and foster leave.
Common PDL, CFRA and FMLA questions, by situation
Tap the one closest to yours.
You started less than a year ago
PDL has no time-on-the-job rule. CFRA and FMLA need 12 months and 1,250 hours, so your bonding time may not be protected yet.
Your provider extends your leave
PDL lasts as long as your provider certifies you are disabled, up to 4 months. Longer PDL does not shrink your CFRA bonding time.
You want to go back first and bond later
CFRA bonding leave does not have to start the day PDL ends. It must be finished within one year of the birth. The basic minimum is 2 weeks at a time, but your employer must allow shorter blocks on any two occasions.
Your employer says you have no bonding time left
FMLA weeks used during PDL do not use up CFRA bonding leave. Ask for the explanation in writing.
Pregnancy retaliationHow to request PDL and CFRA leave together
One written request can cover both.
Check which leaves you qualify for
Use the quick check above, and read your handbook’s leave policy.
Give notice in writing
Give 30 days’ notice when you can, or as soon as you can. You don’t have to say “CFRA” or “FMLA,” but naming them helps. Keep a copy. For PDL, your employer may ask for a provider’s certification, which need not list your diagnosis.
Leave request emailSubject: Request for pregnancy leave and bonding leave Hi [Manager or HR name], My baby is due on [date], and my provider expects me to stop working around [date]. I am requesting pregnancy leave (PDL) under Government Code section 12945 for the time I am disabled by pregnancy and childbirth. After that, I am requesting up to 12 weeks of CFRA bonding leave under Government Code section 12945.2, starting [date or "when my pregnancy leave ends"]. Please confirm in writing: 1. that I will return to my same position after my leave; 2. how you are counting any FMLA leave; and 3. what certification you need from my provider. Thank you, [Your name] [Date]
Track your leave and apply for pay
Log your dates and which law each falls under, and save HR’s emails. Pay is separate: see is maternity leave paid and SDI, PFL and job protection.
Deadlines if your PDL, CFRA or FMLA rights were violated
Enter your dates to see the general filing deadlines.
General rules only, not legal advice. Exceptions can change your deadline.
PDL, CFRA and FMLA: common questions
Do FMLA and CFRA run concurrently?
Yes. The CFRA statute says CFRA leave runs at the same time as FMLA leave, and together they cannot go past 12 workweeks in a 12-month period. The exception is pregnancy disability: you get PDL in addition to CFRA and FMLA. FMLA also runs at the same time as PDL, so it does not add extra weeks.
Does PDL count against my 12 weeks of CFRA?
No. CFRA leave does not include leave for disability caused by pregnancy, childbirth or related conditions. CRD says CFRA leave runs after PDL. So if you qualify for both, you can take up to 4 months of PDL and then up to 12 weeks of CFRA bonding leave, about 7 months in all.
Does my health insurance continue during PDL and CFRA?
If you have group health coverage through work, your employer must keep paying for it during PDL, up to 4 months in a 12-month period, at the usual level. CFRA has its own separate rule, which covers up to 12 workweeks of bonding leave. FMLA also requires health coverage to continue.
Can my employer make me use sick leave or vacation?
During PDL, your employer may require you to use accrued sick leave, but CRD says not while you are getting State Disability Insurance. It may not require vacation during PDL. During CFRA, your employer may require vacation unless you are getting Paid Family Leave. It may not require sick leave during CFRA.
Keep reading
Sources
- CRD: PDL and bonding leave guide
- CRD: PDL fact sheet
- Gov. Code §12945 (pregnancy leave)
- Gov. Code §12945.2 (CFRA)
- Gov. Code §12945.21 (small employer mediation)
- 2 CCR §11090 (CFRA minimum duration)
- DOL: Family and Medical Leave Act
- DOL Fact Sheet 28Q: Leave for birth and placement
- 29 U.S.C. §2617 (FMLA deadlines)
- EDD: Paid Family Leave
- EDD: Pregnancy and Disability Insurance
- Gov. Code §12960 (CRD filing deadline)
- Gov. Code §12965 (lawsuit deadline)
This page gives general information about California law as of November 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation is different; talk with a lawyer about yours.
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