In this guide12 sections
- Key takeaways
- What CFRA leave covers
- CFRA and FMLA side by side
- Who qualifies
- Who counts as family
- How the two laws run together
- Pregnancy and new parents: how the leaves stack
- Is the leave paid?
- Your job and protection from retaliation
- Deadlines and what to do if leave is denied
- Frequently asked questions
- Talk to a California employment lawyer
CFRA leave is up to 12 workweeks of unpaid, job-protected time off in a 12-month period under the California Family Rights Act, and it applies at employers with five or more employees. The federal Family and Medical Leave Act (FMLA) covers similar reasons but reaches far fewer workplaces. When both laws apply to the same reason, they usually run at the same time, but pregnancy is a major exception that can give a new mother much more protected time.
Key takeaways
- CFRA covers employers with 5 or more employees; the FMLA generally requires 50 or more, plus 50 employees within 75 miles of your worksite.
- For CFRA you need more than 12 months of service and at least 1,250 hours in the prior 12 months.
- CFRA covers more relatives than the FMLA, including grandparents, siblings, parents-in-law, domestic partners and a “designated person.”
- Pregnancy disability leave (up to four months) and 12 weeks of CFRA bonding leave stack, which can mean nearly seven months of protected leave.
- Both laws are unpaid, but Paid Family Leave or State Disability Insurance may replace 70% to 90% of your wages, up to $1,765 a week in 2026.
What CFRA leave covers
The California Family Rights Act, Government Code §12945.2, makes it unlawful for a covered employer to refuse an eligible employee’s request for up to 12 workweeks of family care and medical leave in a 12-month period. CFRA leave can be taken for four reasons:
- Baby bonding: the birth of your child, or placement of a child with you for adoption or foster care.
- Family care: caring for a child, parent, grandparent, grandchild, sibling, spouse, domestic partner or designated person with a serious health condition.
- Your own serious health condition that makes you unable to do your job. Pregnancy-related disability is handled separately under pregnancy disability leave.
- Military exigency: a qualifying exigency related to the active duty, or call to active duty, of your spouse, domestic partner, child or parent.
A serious health condition involves inpatient care or continuing treatment by a health care provider. During CFRA leave, your employer must keep paying for your group health coverage for up to 12 workweeks, and when you come back you are entitled to the same or a comparable job.
CFRA and FMLA side by side
| Issue | CFRA (California) | FMLA (federal) |
|---|---|---|
| Employer size | 5 or more employees; also state and local public employers | 50 or more employees in 20 or more workweeks; public agencies and schools |
| Your eligibility | More than 12 months of service and at least 1,250 hours in the prior 12 months | 12 months, 1,250 hours, and at least 50 employees within 75 miles of your worksite |
| Leave amount | 12 workweeks in a 12-month period | 12 workweeks; up to 26 workweeks for military caregiver leave |
| Family members | Child of any age, parent, parent-in-law, grandparent, grandchild, sibling, spouse, domestic partner, designated person | Spouse, parent (not in-laws), child under 18 or an adult child who can’t care for themself because of a disability |
| Pregnancy disability | Not covered; handled by pregnancy disability leave | Covered as a serious health condition; runs with pregnancy disability leave |
| Pay | Unpaid; PFL, SDI and accrued time off may apply | Unpaid; PFL, SDI and accrued time off may apply |
| Where to file a claim | California Civil Rights Department (CRD) | U.S. Department of Labor or court |
Sources: Gov. Code §12945.2 and the U.S. Department of Labor’s FMLA fact sheet. For the broader picture, see our FMLA and CFRA leave rights page.
Who qualifies
Both laws require about a year of service and 1,250 hours in the prior 12 months (CFRA requires more than 12 months). The real difference is employer size: many workers at small offices, franchises and branch locations are covered only by CFRA. Hypothetical: Daniel has worked full time for two years at a 30-person landscaping company. Only CFRA applies, so he can take 12 weeks to care for his father after surgery and return to his job.
Who counts as family
- Child: biological, adopted, foster, step, legal ward, a domestic partner’s child, or someone you stand in place of a parent to. There is no age cap, so a seriously ill adult child can qualify.
- Parent: includes a parent-in-law, stepparent and legal guardian.
- Grandparents, grandchildren, siblings and registered domestic partners are covered by CFRA but not the FMLA.
- Designated person: anyone related to you by blood, or whose association with you is the equivalent of a family relationship. You can name the person when you request leave, and your employer may limit you to one designated person per 12-month period.
The FMLA alone covers military caregiver leave: up to 26 workweeks to care for a seriously injured or ill servicemember or recent veteran.
How the two laws run together
When a reason qualifies under both laws, CFRA and FMLA leave run at the same time, and the combined total generally can’t exceed 12 workweeks in a 12-month period.
- Pregnancy is the big exception. FMLA leave taken for a pregnancy-related disability does not use up your CFRA leave, because CFRA excludes pregnancy disability.
- CFRA-only reasons. Leave to care for a grandparent, sibling, parent-in-law, domestic partner or designated person is protected by CFRA alone. Under federal rules, leave that doesn’t qualify under the FMLA generally doesn’t reduce your FMLA entitlement. How FMLA-only military caregiver leave affects your CFRA balance can depend on the facts.
- Paid Family Leave runs at the same time as FMLA and CFRA leave when you are entitled to both. PFL replaces wages; it doesn’t add weeks.
Pregnancy and new parents: how the leaves stack
CFRA doesn’t cover pregnancy disability, but it does cover bonding with your baby, and the leaves stack:
- Pregnancy disability leave (PDL) under Gov. Code §12945 gives up to four months of job-protected leave per pregnancy while you are disabled by pregnancy, childbirth or a related condition, at employers with five or more employees. Your employer keeps paying for group health coverage during PDL, up to four months.
- The FMLA, if it applies, runs at the same time as PDL.
- CFRA bonding leave of up to 12 weeks can follow once your disability ends. It must be taken within one year of the birth, adoption or foster placement.
Hypothetical: Maria qualifies for both laws. Her doctor certifies that she is disabled by pregnancy for 4 weeks before the birth and 8 weeks after. Those 12 weeks are PDL, with the FMLA running alongside. She then takes 12 weeks of CFRA bonding leave, for 24 weeks of job-protected leave in total.
Fathers, partners and adoptive parents can take CFRA bonding leave too. See pregnancy disability leave in California.
Is the leave paid?
CFRA and FMLA leave are unpaid. Two EDD programs fill part of the gap:
- Paid Family Leave (PFL) pays up to 8 weeks in a 12-month period to bond with a new child, care for a seriously ill family member, or help with a family member’s military deployment.
- State Disability Insurance (SDI) pays when you can’t work because of your own illness, injury, pregnancy or childbirth, for up to 52 weeks.
- How much: about 70% to 90% of the wages you earned 5 to 18 months before your claim, depending on income. As of 2026, the weekly range is $50 to $1,765.
PFL provides money, not job protection. See SDI, Paid Family Leave and job protection.
You can use accrued vacation or other paid time off during CFRA leave, and your employer can require it. Since January 1, 2025, your employer can no longer make you use up to two weeks of vacation before PFL benefits begin. Starting July 1, 2028, PFL will also cover care for a designated person.
Your job and protection from retaliation
After CFRA leave, you are entitled to the same or a comparable position (similar duties, pay and location), and you keep your seniority. It can violate CFRA for an employer to:
- deny, interfere with or discourage leave you are entitled to (Gov. Code §12945.2(q));
- fire, demote, discipline or cut your hours because you requested or took leave (§12945.2(k));
- retaliate because you gave information or testimony about anyone’s leave.
Leave doesn’t shield you from a genuine layoff, but a CFRA claim can seek lost wages, reinstatement, emotional distress damages, attorney’s fees and, in some cases, punitive damages. See retaliation claims in California.
Deadlines and what to do if leave is denied
| Claim | General deadline |
|---|---|
| CFRA complaint with the CRD | 3 years from the unlawful act |
| CFRA lawsuit after a right-to-sue notice | 1 year from the notice |
| FMLA claim (Department of Labor or court) | 2 years, or 3 years for a willful violation |
- Give notice early. For foreseeable leave, give 30 days’ notice when you can, otherwise as soon as practicable. You don’t have to name the law; explain why you need the time.
- Provide certification if asked. For your own condition, your provider states when it started, how long it will likely last, and that you can’t do your job. No diagnosis is required.
- Put it in writing, log each day of leave, and apply for PFL or SDI.
- Document pushback, such as negative comments, discipline or a sudden termination.
For a full walkthrough, see how to take family leave in California, and to avoid common errors, read mistakes employees make when requesting FMLA or CFRA leave.
Frequently asked questions
Is CFRA the same as FMLA?
No. Both give up to 12 workweeks of job-protected leave, but CFRA applies at employers with five or more employees, covers more relatives and excludes pregnancy disability. The FMLA requires 50 employees within 75 miles and adds military caregiver leave.
Can my employer deny CFRA leave?
Not if you are eligible and the reason qualifies. Your employer can ask for certification and reasonable notice, but it can’t refuse, discourage or punish protected leave.
Does my employer have to let me take CFRA leave in pieces?
CFRA leave doesn’t have to be taken all at once. You can take it in more than one period, for example for a series of medical treatments, as long as the total stays within 12 workweeks in the 12-month period.
Can my employer make me use vacation during CFRA leave?
Yes. Your employer can require you to use accrued vacation or other paid time off during CFRA leave. You may use paid sick leave for your own serious health condition; for other CFRA reasons, using sick leave generally needs your employer’s agreement, though California’s paid sick leave law separately lets you use sick days to care for a family member.
Talk to a California employment lawyer
Employees First Labor Law represents workers exclusively, including employees whose family or medical leave was denied or who were punished for taking it. We offer free virtual consultations. Contact us online or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
