Balancing work and family responsibilities can be challenging, especially when a serious health issue or a new addition to the family arises. Fortunately, California workers are protected under two powerful laws: the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). While these laws overlap, there are crucial differences every employee should know.
What Do FMLA and CFRA Have in Common?
Both laws grant eligible employees up to 12 weeks of unpaid, job-protected leave within a 12-month period for:
- Their own serious health condition
- Caring for a spouse, child, or parent with a serious health condition
- Bonding with a newborn, adopted, or foster child
During this time, employers must maintain the employee’s health benefits as if they were still working.
Key Differences Between FMLA and CFRA
While similar, CFRA offers broader protections:
✅ Family Members Covered: Under CFRA, you can take leave to care for additional family members such as a domestic partner, grandparents, grandchildren, siblings, and parents-in-law. FMLA does not cover these relationships.
✅ Pregnancy-Related Leave: CFRA no longer counts pregnancy as a qualifying reason. Instead, California’s Pregnancy Disability Leave (PDL) provides up to 4 months of job-protected leave for pregnancy-related conditions, separate from CFRA leave.
✅ Employer Size: FMLA applies to employers with 50+ employees. CFRA applies to employers with just 5 or more employees, significantly expanding who is covered in California.
Do FMLA and CFRA Run Concurrently?
Often, yes. Employers can run FMLA and CFRA leave concurrently, meaning your time off may count toward both limits simultaneously. However, pregnancy leave under PDL does not run concurrently with CFRA, allowing some parents to stack leave for longer periods off.
Paid or Unpaid?
Both laws offer unpaid leave. However, California’s Paid Family Leave (PFL) provides partial wage replacement for up to 8 weeks, which employees may use during CFRA leave to help ease the financial burden.
How to Request Leave
- Give at least 30 days’ notice if possible.
- Provide medical certification if requested.
- Keep records of leave used to avoid confusion about available time.
Understanding your rights can help protect your job and give you peace of mind during life’s important moments. If you’re unsure how the laws apply to your situation, consider consulting an employment law attorney or your HR department.
