The statute · Gov. Code §12945.2
Section 12945.2 is CFRA, the law that holds your job while you bond with a new child, care for family, or recover from a serious illness. Here is each part in plain English.
The short answer
Government Code 12945.2 is the California Family Rights Act (CFRA). If you have worked for your employer more than 12 months and 1,250 hours in the past year, you can take up to 12 workweeks of leave in a 12-month period to bond with a new child, care for a seriously ill family member, or recover from your own serious health condition. It covers employers with 5 or more employees and public employers.
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
Section 12945.2 is part of FEHA, California’s main workplace civil rights law. Its subdivisions run from (a) to (r), and most answer three questions: who qualifies, what the leave can be used for, and what your employer must do while you are gone.
This page reads the statute itself. For a plain-English guide to using the leave, see FMLA and CFRA leave rights. If you are expecting a child, also see bonding leave for both parents and paternity leave in California.
Each card covers one key part of the statute. Short quotes are the statute’s own words.
(a)
A covered employer (5 or more employees, or a public employer) may not refuse an eligible worker up to 12 workweeks of leave in a 12-month period. Leave only counts as granted if you are promised the same or a comparable job when you return.
(b)
The definitions cover your child, parent, grandparent, grandchild, sibling, spouse, domestic partner, and a “designated person.” The leave can be for a new child, a family member’s serious health condition, your own serious health condition, or certain military needs.
(c)–(d)
Your employer does not have to pay you. You may choose, or be required, to use accrued vacation or other time off. Sick leave is for your own serious health condition, unless you and your employer agree otherwise.
(e)
Your employer must keep up your group health coverage at the usual level for up to 12 workweeks in a 12-month period. It can recover premiums only in limited cases if you don’t return.
(f)
Leave is not a break in your service. You keep the seniority you had when the leave began.
(g)–(h)
When you can see the need coming, give “reasonable advance notice.” For planned treatment, make a reasonable effort to schedule it so it does not unduly disrupt work, subject to your provider’s approval.
(i)–(j)
Your employer may ask for a provider’s note. When the leave is to care for a family member, the note only needs the start date, the likely duration, an estimate of the time you need, and a statement that your care is warranted.
(k)
Your employer may not fire, refuse to hire, fine, suspend or otherwise punish you for using CFRA, or for “giving information or testimony” about it.
(n)–(p)
CFRA is separate from pregnancy leave under section 12945. It runs at the same time as federal FMLA leave, with a combined cap of 12 workweeks, but pregnancy disability time does not count against it.
(q)–(r)
Your employer may not interfere with, restrain or deny your CFRA rights. Airline flight deck and cabin crews have their own hours test for eligibility.
Subdivision (b) lists the birth of a child as a reason for leave. The Civil Rights Department’s guide adds the practical rules:
Many workers qualify for both. When they overlap, they run at the same time.
Yes, down to 5 employees. Section 12945.2 covers any employer that directly employs 5 or more people, plus the state, cities, counties and other public employers. That is much broader than federal FMLA, which starts at 50 employees. You still need more than 12 months on the job and 1,250 hours in the past year.
Yes. According to the Civil Rights Department, each parent may take up to 12 weeks of CFRA bonding leave, even if both parents work for the same employer. The leave must be used within one year of the birth, adoption or foster placement.
No. Section 12945.2(c) says your employer does not have to pay you. You can use accrued vacation or other paid time off, and Paid Family Leave from the EDD can replace part of your wages for up to 8 weeks. Your employer must keep up your group health coverage for up to 12 workweeks.
Someone related to you by blood, or whose connection to you is the equivalent of a family relationship. You can name the person when you ask for leave. Your employer may limit you to one designated person per 12-month period. This has been part of CFRA since January 1, 2023.
No. Subdivision (k) bars firing or punishing you for using CFRA, and subdivision (q) bars interfering with it. You generally have 3 years from the unlawful act to file with the California Civil Rights Department, which you must do before suing. After you get a right-to-sue notice, you have 1 year to file a lawsuit. See fired after maternity leave.
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.
Free case review
We work exclusively for workers. Tell us what happened and we will explain your options. Free virtual consultations. Se habla español.
Prefer to write? Contact us. ¿Prefiere español? Empleados Primero
We work on contingency: our fee is a percentage of what we recover for you. How case costs are handled is spelled out in your written fee agreement.
Tell us what happened. Free virtual consultations, exclusively for workers, in English or Spanish.
