FMLA & CFRA leave rights in California Your job is held while you’re away.
When you need time to recover, care for family, or bond with a new child, California’s CFRA and the federal FMLA can give you up to 12 weeks of job-protected leave. Your employer must keep your group health coverage going, and give you back the same job, or a comparable one, when you return.
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Free Case ReviewWhat the leave is for
Up to 12 workweeks in a 12-month period, for any of these reasons.- Your own serious health condition When it keeps you from doing your job, including recovery from surgery or treatment.
- Caring for a family member When someone in your family has a serious health condition and needs you.
- Bonding with a new child By birth, adoption, or foster placement. Bonding leave must be finished within one year of the child’s arrival.
- A family member’s military service A “qualifying exigency” when a spouse, child, or parent is on, or called to, covered active duty. The FMLA also allows up to 26 workweeks to care for a servicemember with a serious injury or illness.
Who counts as family
California’s CFRA reaches much further than the federal FMLA. If the person you care for is a grandparent, a sibling, or someone who is family to you without the paperwork, CFRA is the law that protects you.
| You care for your… | CFRACalifornia, 5+ employees | FMLAFederal, 50+ employees |
|---|---|---|
| Spouse | Covered | Covered |
| Registered domestic partner | Covered | Not covered |
| Child | Covered, any age | Covered if under 18, or older and unable to care for themselves because of a disability |
| Parent | Covered, including step, foster, adoptive and legal guardian | Covered |
| Parent-in-law | Covered | Not covered |
| Grandparent or grandchild | Covered | Not covered |
| Brother or sister | Covered | Not covered |
| Someone who is family to you | Covered as a “designated person”: related by blood, or a relationship that is the equivalent of family. Your employer may limit you to one per 12 months. | Not covered |
If your own condition is also a disability, you may have rights to reasonable accommodation too. See disability discrimination.
Gov. Code § 12945.2(b); 2 CCR § 11087; CRD Family Care and Medical Leave guide; 29 C.F.R. Part 825 and U.S. Dept. of Labor FMLA definitionsDoes CFRA cover you?
You are covered if your employer has 5 or more employees, you have worked there more than 12 months, and you worked at least 1,250 hours in the 12 months before your leave.
Employer sizeThat includes many small businesses. The federal FMLA generally needs 50 or more employees within 75 miles of your worksite (public agencies are covered at any size).
Time on the jobTime with this employer. The FMLA has a 12-month service rule too.
Hours workedAbout 24 hours a week across a year, so many part-time workers qualify.
Many California workers qualify for CFRA even when the FMLA does not apply. When both laws apply, they usually run at the same time: 12 weeks in total, not 24.
Ask us if you qualifyThe first day back
What a lawful return looks like, hour by hour, and the warning signs that it isn’t one.Each moment below sets what the law requires beside what retaliation tends to look like, and names the legal duty that warning sign would break.
Lawful returnWarning sign
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8:00 am
You badge in. Is your job still yours?
Lawful returnYour badge works and your job is waiting: the same position, or a comparable one that is virtually identical in pay, benefits and working conditions, at the same or a nearby worksite.
The law says“a guarantee of employment in the same or a comparable position upon the termination of the leave”Gov. Code § 12945.2(a)
Warning signYour role was “filled while you were out.” You are offered something lesser: fewer duties, less authority, a lower title, or a site across town.
The duty it breaksThe guarantee of the same or a comparable jobGov. Code § 12945.2(a); 2 CCR § 11087(i); 29 U.S.C. § 2614(a); 29 C.F.R. § 825.215
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9:00 am
You check the schedule. Are your hours the same?
Lawful returnYou are back on the same shift, or the same or an equivalent work schedule, the way you were before you left.
The law saysa comparable position “ordinarily means the same shift or the same or an equivalent work schedule”2 CCR § 11087(i)
Warning signYour hours are cut, you are moved to nights or weekends, or you are left off the schedule “until things settle down.”
The duty it breaksA comparable job means the same shift or an equivalent schedule2 CCR § 11087(i); 29 C.F.R. § 825.215(e)(2); Gov. Code § 12945.2(k)
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11:00 am
Payroll and benefits. Did anything quietly change?
Lawful returnSame pay, same benefits. Your group health coverage was kept up during the leave on the same terms as if you had kept working, and benefits you earned before the leave are still there.
The law saysthe employer “shall maintain and pay for coverage under a ‘group health plan’” during the leaveGov. Code § 12945.2(e)(1)
Warning signA lower pay rate. Health coverage that lapsed while you were out. Seniority or benefits you had earned before the leave are gone.
The duty it breaksKeeping your health coverage, and your pay and benefitsGov. Code § 12945.2(e); 29 U.S.C. § 2614(a)(1)–(2), (c)(1)
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2:30 pm
A meeting with your manager. Is your leave held against you?
Lawful returnYour time off is not counted against you. No write-ups for protected absences, no attendance points for them, and no new doubts about work that was fine before you left.
The law saysemployers “cannot use the taking of FMLA leave as a negative factor in employment actions”29 C.F.R. § 825.220(c)
Warning signSudden “performance concerns” that never came up before, a write-up for the days you were out, or a remark like “We need someone more reliable.”
The duty it breaksThe ban on retaliation and interferenceGov. Code § 12945.2(k), (q); 29 U.S.C. § 2615(a); 29 C.F.R. § 825.220(c)
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4:45 pm
End of the day. Do you still have a job tomorrow?
Lawful returnYou go home with your job. To be fair about the limits: an employer can still make a change truly unrelated to your leave, such as a real layoff that would have reached you anyway.
The law saysit is unlawful “to discharge, fine, suspend, expel, or discriminate against” a worker for taking CFRA leaveGov. Code § 12945.2(k)
Warning signYou are let go days or weeks after coming back, for “restructuring,” or for a reason that keeps changing each time you ask.
The duty it breaksNo firing because you took protected leaveGov. Code § 12945.2(k); 29 U.S.C. § 2615(a)(2); CRD guide: exceptions are limited to reasons unrelated to the leave, such as layoffs
Recognize one of the warning signs? It may be retaliation, and a firing after leave may be wrongful termination. Write down what happened and when, then talk to us before you sign anything.
Get a free case reviewPay and protection are two different things
Some laws hold your job. Others pay you. Most families need both.CFRA and the FMLA protect your job but do not pay you. California’s State Disability Insurance and Paid Family Leave can pay part of your wages but do not protect your job. Pregnancy Disability Leave (PDL) is a separate right from CFRA, and the two can follow one another.
| Program | Holds your job? | Pays you? | What it is for |
|---|---|---|---|
| Pregnancy Disability LeaveGov. Code § 12945 · employers with 5+ | Yesup to 4 months, for the time you are disabled by pregnancy, childbirth or a related condition | Nonot by itself; SDI or paid time off may cover it | Before and after birth, while a health care provider says you can’t work. The CRD lists no minimum time on the job. |
| CFRA leaveGov. Code § 12945.2 · employers with 5+ | Yesup to 12 workweeks in 12 months | Noyou can use accrued paid time off | Your own serious health condition, a family member’s, bonding with a new child, or a military exigency. |
| FMLA leave29 U.S.C. § 2601 et seq. · employers with 50+ | Yesup to 12 workweeks, usually at the same time as PDL or CFRA | No | Similar reasons to CFRA, including a pregnancy-related disability, so it usually runs alongside PDL. It does not add weeks on top. |
| State Disability InsuranceEDD · Disability Insurance | No | Yespart of your wages, paid by the state | When your own illness, injury or pregnancy keeps you from working. |
| Paid Family LeaveEDD · PFL | NoEDD: “PFL provides benefit payments but not job protection.” | Yesup to 8 weeks in 12 months, about 70–90% of wages ($50 to $1,765 a week, per EDD) | Bonding with a new child, caring for a seriously ill family member, or a family member’s military deployment. |
How it often fits together for a birth parent who qualifies
A simplified picture, not to scale. Your dates depend on your health care provider and your eligibility.
Not CFRA-eligible yet? PDL can still protect your job while pregnancy disables you, and Paid Family Leave can still pay you to bond, but PFL alone will not hold your job.
Bonding leave must be finished within one year of birth, adoption or foster placement. Read more on pregnancy discrimination.
Rights that come with the leave
The details employers get wrong most often.-
You don’t have to reveal your diagnosis
Under CFRA your employer can ask for a certification from your health care provider: when the condition began, how long it will probably last, and that you can’t do your job (or that your family member needs your care). It does not have to name the condition, and for your own condition your employer may not ask for more, like your symptoms or diagnosis.
Gov. Code § 12945.2; 2 CCR §§ 11087(a), 11091 -
You can take it in pieces
For a serious health condition, leave can be intermittent or on a reduced schedule when medically necessary. Bonding leave is usually taken in blocks of at least two weeks, but your employer must allow shorter blocks on at least two occasions.
2 CCR § 11090 -
You don’t have to say “CFRA”
Tell your employer why you need leave and roughly when and for how long. Verbal notice is enough to start. Give 30 days’ notice when the need is foreseeable; when it isn’t, as soon as practicable.
2 CCR § 11091 -
Your health coverage continues
Your employer must keep paying for group health coverage during the leave, at the level it would have if you had kept working.
Gov. Code § 12945.2(e); 29 U.S.C. § 2614(c) -
You may use paid time off
CFRA leave is unpaid, but you can choose to use accrued vacation or other paid time off during it, and in some cases your employer can require that.
Gov. Code § 12945.2(d) -
Small employers have a mediation step
If your employer has 5 to 19 employees, you must contact the Civil Rights Department’s dispute resolution division before filing a CFRA lawsuit. If you or your employer asks for mediation, it comes first, and your deadline is paused while it runs.
Gov. Code § 12945.21 (program made permanent by AB 2011, 2024)
What to do now
Whether you are asking for leave or already back and worried.Give notice in writing, and keep a copy
An email or letter with the reason, the start date and how long you expect to be out. Verbal notice counts, but writing proves it.
Keep the certification your doctor gives you
Keep a copy of exactly what you handed in, and the date you handed it in.
Write down dates and what was said
Who said it, when, and the words they used. Notes made close to the time carry weight.
Don’t sign a severance release without a review
A release can give up claims you didn’t know you had. Have it reviewed before you sign.
Call for a free virtual consultation
Call (310) 853-3461 or request a free case review. We will tell you plainly whether you have a claim.
Step-by-step: how to take family leave in California
Results for workers who were pushed out
Retaliation and wrongful termination cases our attorneys have resolved.What a leave case can recover
- Lost wages and benefits
- Reinstatement to your job
- Emotional distress damages under CFRA
- Punitive damages under CFRA, if the employer acted with malice, oppression or fraud
- Under the FMLA, an equal added amount as liquidated damages
- Attorney’s fees and costs
- $5,150,000SettlementWork Injury & Wrongful Termination (Hansen v. UPS)
- $2,650,000SettlementWhistleblower Retaliation & Wrongful Termination
- $1,950,000SettlementPregnancy Discrimination & Wrongful Termination
- $1,200,000SettlementDisability Discrimination & Wrongful Termination
Prior results do not guarantee a similar outcome.
recovered. Combined recoveries in cases handled by our attorneys including employment and injury matters. Every case is different, and past results do not guarantee a similar outcome.
Questions about family and medical leave
Short answers. Your situation may add details, so call us.Is FMLA or CFRA leave paid?
Not by your employer, unless its own policy pays. You can use accrued vacation or other paid time off. The state may also pay part of your wages: Paid Family Leave pays up to 8 weeks in 12 months to bond or care for family, and State Disability Insurance pays when your own condition keeps you from working. Those benefits do not hold your job; CFRA and the FMLA do.
Do I have to tell my employer my diagnosis?
Not under CFRA. Your employer can require a certification from your health care provider with the start date, the probable duration and a statement that you can’t do your job, or that a family member needs your care. It does not have to identify the condition, and for your own condition your employer may not ask for your symptoms or diagnosis.
My employer has only eight employees. Does CFRA apply?
Yes. CFRA covers employers with 5 or more employees. With 5 to 19 employees, there is one added step before a lawsuit: you contact the Civil Rights Department’s small employer family leave mediation program, and if either side asks for mediation it happens first.
Can I take leave a few days at a time?
Yes, for your own or a family member’s serious health condition when it is medically necessary, for example for treatment or flare-ups. Bonding leave is usually taken in blocks of at least two weeks, but your employer must grant shorter blocks on at least two occasions, and bonding leave must be used within a year.
I’m pregnant. Is that CFRA?
Time off while you are disabled by pregnancy or childbirth is Pregnancy Disability Leave, a separate right of up to 4 months with employers of 5 or more. After it ends, CFRA can add up to 12 weeks to bond with your baby if you qualify. Read our guide to Pregnancy Disability Leave.
Can I care for a grandparent or a sibling?
Under CFRA, yes. CFRA covers grandparents, grandchildren, siblings, parents-in-law, registered domestic partners and one “designated person” who is family to you. The federal FMLA covers only a spouse, child or parent, with an added military caregiver right.
I was fired after I came back. What now?
Firing someone because they took protected leave is illegal under both CFRA and the FMLA. Save every message, write down what you were told and when, and don’t sign a severance release before it is reviewed. You generally have 3 years to file with the Civil Rights Department, then 1 year to sue after a right-to-sue notice; FMLA claims have 2 years, or 3 if willful. Call us for a free virtual consultation.
Go deeper on leave
Plain-language guides from our attorneys.CFRA vs. FMLA in California
Who qualifies for which law, and how the two stack.
Read the full guide: CFRA vs. FMLA in California5 mistakes when requesting FMLA or CFRA leave
The missteps that cost workers protection, and how to avoid them.
Read the full guide: 5 mistakes when requesting leaveSDI and Paid Family Leave: pay vs. job protection
What the state pays, and what it does not protect.
Read the full guide: SDI and Paid Family LeaveTaking leave for stress or mental health
Steps, the doctor’s note, and pay.
Read the full guide: stress and mental health leaveSigns you are facing retaliation
The patterns that show up after a worker uses a protected right.
Read the full guide: signs of retaliationFiling a CRD complaint and getting a right-to-sue notice
How the state complaint process works, start to finish.
Read the full guide: filing a CRD complaint
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