In this guide11 sections
- Key takeaways
- Step 1: Check which laws cover you
- Step 2: Identify your reason for leave
- Step 3: Give notice
- Step 4: Provide certification if asked
- Step 5: Line up your pay
- Step 6: Protect your job and benefits
- A hypothetical timeline for a new parent
- If your employer pushes back
- Frequently asked questions
- Talk to a California employment lawyer
To take family leave in California, first check whether you qualify under the California Family Rights Act (CFRA), the federal Family and Medical Leave Act (FMLA) or both. Then tell your employer you need leave, ideally 30 days ahead when you can plan it, provide medical certification or other paperwork if asked, and apply separately to the state for Paid Family Leave or disability pay. CFRA and FMLA give up to 12 weeks of job-protected leave, but the leave itself is usually unpaid.
Key takeaways
- CFRA covers employers with 5 or more employees. You qualify after more than 12 months with the employer and at least 1,250 hours in the past 12 months.
- FMLA covers employers with 50 or more employees, and you need at least 12 months of employment, 1,250 hours, and a worksite with 50 employees within 75 miles.
- Your employer may require 30 days’ notice for foreseeable leave. For emergencies, give notice as soon as practicable. You don’t have to say “CFRA” or “FMLA.”
- Paid Family Leave (PFL) can replace part of your wages for up to 8 weeks, but it doesn’t protect your job. CFRA or FMLA does that.
- Your employer must continue group health benefits during CFRA leave if it normally pays for them, and generally return you to the same or a comparable job.
Step 1: Check which laws cover you
| CFRA | FMLA | |
|---|---|---|
| Employer size | 5 or more employees | 50 or more employees (and public agencies and schools) |
| Time on the job | More than 12 months | At least 12 months |
| Hours | At least 1,250 in the past 12 months | At least 1,250 in the past 12 months |
| Worksite | No location test | 50 employees within 75 miles |
| Leave length | Up to 12 workweeks in 12 months | Up to 12 workweeks in 12 months (26 for military caregiver leave) |
Many California workers qualify under CFRA but not FMLA, because CFRA reaches much smaller employers (see the U.S. Department of Labor’s FMLA fact sheet for the federal rules). When both apply, leave that qualifies under both usually runs at the same time. For a detailed comparison, see how FMLA and CFRA differ in California.
Two state programs work alongside these laws. Pregnancy Disability Leave (PDL) gives up to four months of job-protected leave for disability from pregnancy or childbirth at employers with 5 or more employees, with no minimum time on the job. State Disability Insurance (SDI) and PFL, run by the Employment Development Department (EDD), provide partial pay but not job protection.
Step 2: Identify your reason for leave
- Your own serious health condition that makes you unable to do your job.
- Caring for a family member with a serious health condition. Under CFRA, family includes a child of any age, spouse, domestic partner, parent, parent-in-law, grandparent, grandchild, sibling and a “designated person.” FMLA’s list is narrower: generally a spouse, a child under 18 or an adult child who can’t care for themselves due to a disability, and a parent, not in-laws.
- Bonding with a new child by birth, adoption or foster placement. Under CFRA, bonding leave must be used within one year of the birth or placement. It is usually taken in blocks of at least two weeks, but your employer must allow shorter blocks on at least two occasions.
- Certain military family needs. Both laws cover some situations tied to a family member’s military service.
Leave for a serious health condition can be taken intermittently or on a reduced schedule when medically necessary, for example, for chemotherapy or flare-ups of a chronic condition.
Step 3: Give notice
Tell your employer you need leave, when it will start and about how long it will last, and the reason. You can do this verbally, but email creates a record. Under California’s CFRA regulations:
- For foreseeable leave, such as a due date, adoption or planned surgery, your employer may require 30 days’ notice.
- If 30 days isn’t possible, notice is due as soon as practicable. An employer can’t deny leave for an emergency just because you couldn’t give advance notice.
- You don’t have to mention CFRA or FMLA. It’s your employer’s job to recognize that the leave may qualify and designate it.
- Your employer must respond to your request as soon as practicable, and no later than five business days after receiving it.
Step 4: Provide certification if asked
Your employer may ask for medical certification of a serious health condition. Under CFRA, it must give you at least 15 calendar days to return it, and leave can start before the certification comes in. Your employer can’t demand your diagnosis or symptoms beyond what the regulations allow. If it doubts the certification for your own condition, it may require a second opinion at its own expense, and a third, binding opinion if the first two conflict.
Step 5: Line up your pay
CFRA and FMLA leave are unpaid unless your employer pays for them or you use accrued paid time off. Most workers fill the gap with state benefits:
- State Disability Insurance for your own disability, including pregnancy. For a typical pregnancy, EDD says disability usually starts up to 4 weeks before the due date and lasts 6 weeks after a vaginal birth or 8 weeks after a cesarean.
- Paid Family Leave for bonding or caring for a family member, up to 8 weeks within 12 months. EDD pays roughly 70 to 90 percent of your earlier wages, within state limits. Since January 1, 2025, your employer can’t require you to use vacation before PFL.
Apply to EDD directly; your employer doesn’t file for you. Our guide to SDI and Paid Family Leave walks through the claim.
Step 6: Protect your job and benefits
During CFRA leave, your employer must keep paying for your group health coverage if it normally does, according to the Civil Rights Department’s family and medical leave guide. When you return, you generally have the right to the same or a comparable position, with limited exceptions such as a layoff that would have happened anyway. Keep copies of your notice, certification, your employer’s designation letter and any emails about your return date.
When you come back from your own medical leave, your employer may require a return-to-work release only if it applies that rule to everyone returning from illness or injury.
A hypothetical timeline for a new parent
Ana works for a 30-person company and has worked there for two years. She expects a vaginal delivery.
| Period | Job protection | Pay source |
|---|---|---|
| Up to 4 weeks before the due date | PDL | SDI |
| About 6 weeks after birth | PDL | SDI |
| Next 12 weeks for bonding | CFRA | PFL for up to 8 weeks, then paid time off or unpaid |
In this scenario Ana could have about 22 weeks of job-protected leave. PDL is based on her actual disability and can last up to four months, and CFRA bonding leave is in addition to PDL. Because her employer has fewer than 50 employees, FMLA doesn’t apply. Read more about pregnancy disability leave.
If your employer pushes back
It is unlawful for an employer to interfere with CFRA leave or to retaliate against you for taking it (Gov. Code §12945.2). Warning signs include a sudden write-up after you ask for leave, pressure to come back early, or a “restructuring” that eliminates your job while you are out. Common errors are covered in mistakes employees make when requesting FMLA or CFRA leave.
You generally have three years to file a complaint with the California Civil Rights Department, and one year after receiving a right-to-sue notice to file a lawsuit. FMLA claims generally must be filed within two years, or three if the violation was willful. See how to file a CRD complaint.
Frequently asked questions
Can my employer deny CFRA leave because it is a busy season?
Not if you are eligible and the reason qualifies. Your employer can ask you to schedule planned treatment to reduce disruption, subject to your doctor’s approval, but it can’t refuse qualifying leave.
Is family leave paid in California?
The leave itself is usually unpaid, but SDI and Paid Family Leave can replace part of your wages, and you may be able to use accrued paid time off.
Can I take CFRA leave to care for a grandparent or sibling?
Yes. CFRA covers grandparents, grandchildren, siblings, parents-in-law and a designated person. FMLA does not cover those relatives.
Do I have to take bonding leave all at once?
No. Under CFRA you can split it, as long as you use it within one year of the birth or placement. Blocks are generally at least two weeks, but your employer must approve shorter blocks on at least two occasions.
Does PFL protect my job?
No. PFL provides partial pay only. Your job protection comes from CFRA, FMLA or PDL if you qualify.
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 to review your situation. 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.
