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CFRA vs FMLA: California’s Stronger Leave Law

California Family Rights Act (CFRA) covers 10 times more employers than federal FMLA and protects more family members. If you work for a company with 5+ employees in California, you get 12 weeks of job-protected leave that federal law doesn’t provide.

This matters because millions of California workers can take protected leave to care for family members even though their employer is too small for FMLA coverage. Understanding the difference between these two laws helps you maximize your leave rights.

What Is CFRA?

CFRA is California’s version of the federal Family and Medical Leave Act. But California improved on the federal law in important ways.

Both laws provide 12 weeks of unpaid, job-protected leave per year. Both require you to work a minimum number of hours to qualify. But CFRA covers far more workers and family situations than FMLA does.

The California Civil Rights Department (CRD) enforces CFRA. Violations can result in significant penalties for employers who deny leave or retaliate against workers who use it.

Key Differences: CFRA vs FMLA

Understanding the differences helps you know which law protects you and when you can take leave.

Feature Federal FMLA California CFRA
Employer Size 50+ employees 5+ employees
Employee Count Radius Within 75 miles Within 75 miles
Hours Worked Requirement 1,250 hours in last 12 months 1,250 hours in last 12 months
Leave Duration 12 weeks per year 12 weeks per year
Paid or Unpaid Unpaid Unpaid (but can combine with PFL)
Spouse Yes Yes
Child Yes (under 18 or incapable of self-care) Yes (any age)
Parent Yes Yes
Grandparent No Yes
Grandchild No Yes
Sibling No Yes
Parent-in-law No Yes
Job Protection Same or equivalent position Same or equivalent position
Benefits Continuation Health insurance continued Health insurance continued
Pregnancy/Childbirth Not covered (ADA instead) Not covered (PDL instead)

The biggest difference is employer size. CFRA covers companies with 5+ employees while FMLA only covers companies with 50+ employees.

Source: California Government Code § 12945.2, 29 U.S.C. § 2611

Why CFRA’s Employer Size Matters

The employer size difference is huge for California workers.

FMLA covers: Approximately 60% of U.S. workers
CFRA covers: Approximately 95% of California workers

If you work for a company with 5 to 49 employees, you get CFRA protection but not FMLA. That’s millions of California workers with leave rights they wouldn’t have under federal law alone.

Example: Maria works for a dental office with 8 employees. Her father has a stroke and needs care. FMLA doesn’t cover her because the office has fewer than 50 employees. But CFRA does cover her. She can take 12 weeks of job-protected leave to care for her father.

CFRA’s Broader Family Definition

CFRA protects more family relationships than FMLA.

Family Members Covered by CFRA

You can take CFRA leave to care for:

  • Spouse or registered domestic partner
  • Child (biological, adopted, foster, stepchild, legal ward, or child you stand in loco parentis to) – any age
  • Parent (biological, adoptive, foster, stepparent, legal guardian, or person who stood in loco parentis)
  • Parent-in-law
  • Grandparent
  • Grandchild
  • Sibling

Family Members NOT Covered by Federal FMLA

FMLA only covers spouse, child, and parent. It does not cover:

  • Grandparents
  • Grandchildren
  • Siblings
  • Parents-in-law

Example: Jason’s grandfather raised him and needs cancer treatment. Under FMLA, Jason cannot take leave because grandparents aren’t covered. Under CFRA, Jason gets 12 weeks of job-protected leave to care for his grandfather.

This broader family definition reflects how California recognizes diverse family structures and caregiving responsibilities.

Eligibility Requirements: Who Qualifies for CFRA

You must meet three requirements to qualify for CFRA leave.

1. Employer Size

Your employer must have 5 or more employees within 75 miles of your worksite.

Part-time employees count. The employer must have employed 5+ people for each working day during each of 20 or more calendar weeks in the current or preceding calendar year.

2. Hours Worked

You must have worked 1,250 hours in the 12 months before your leave starts.

This equals approximately 24 hours per week for 52 weeks. Vacation time, sick leave, and other paid time off don’t count toward the 1,250 hours. Only time you actually worked counts.

3. Length of Employment

You must have worked for the employer for at least 12 months. These 12 months don’t need to be consecutive.

If you left the company and came back, both periods of employment may count if the break was less than 7 years.

Example: David works 30 hours per week at a tech startup with 12 employees. He’s been there for 14 months. He worked 1,820 hours in the last 12 months. He qualifies for CFRA because his employer has 5+ employees, he worked 1,250+ hours, and he’s been employed for 12+ months.

What CFRA Leave Covers

You can use CFRA leave for specific qualifying reasons.

Qualifying Reasons for CFRA Leave

Baby Bonding

  • Birth of your child
  • Placement of child for adoption or foster care
  • Must be taken within 1 year of birth or placement

Family Care

  • Serious health condition of spouse, child, parent, parent-in-law, grandparent, grandchild, or sibling
  • You must be needed to provide care

Your Own Serious Health Condition

  • Medical condition that prevents you from working
  • Requires continuing treatment from health care provider

What Counts as “Serious Health Condition”

A serious health condition involves:

  • Inpatient care in hospital or medical facility
  • Incapacity for more than 3 consecutive days with continuing treatment
  • Chronic serious health conditions (asthma, diabetes, epilepsy)
  • Pregnancy complications or prenatal care
  • Permanent or long-term incapacity (Alzheimer’s, stroke, terminal illness)
  • Multiple treatments for serious condition (chemotherapy, physical therapy)

Not serious: Common cold, flu, earache, minor illness that resolves quickly without continuing treatment.

Source: California Code of Regulations, Title 2, § 11087

Job Protection Under CFRA

CFRA protects your job while you’re on leave. Your employer cannot fire you for taking CFRA leave.

What Your Employer Must Do

Hold Your Job
Your employer must return you to the same position you held before leave. If that exact position is not available, they must give you an equivalent position with:

  • Same pay and benefits
  • Same shift or schedule
  • Same or similar duties
  • Same location (or as close as possible)

Continue Health Benefits
Your employer must continue your health insurance on the same terms during your leave. You pay your share of premiums. The employer pays their share.

If you don’t return to work after leave, the employer can recover premium payments only if you don’t return for reasons other than:

  • Continuation of your serious health condition
  • Circumstances beyond your control

Maintain Seniority
Your leave time counts toward seniority. You don’t lose accrued benefits because you took CFRA leave.

What Your Employer Cannot Do

Employers cannot:

  • Fire you for requesting or taking CFRA leave
  • Demote you when you return
  • Reduce your pay or hours
  • Count CFRA leave as absence for attendance policies
  • Discourage you from taking leave
  • Retaliate in any way

Example: Chen takes 12 weeks CFRA leave to care for his sister recovering from a car accident. When he returns, his employer tries to transfer him to the night shift (he worked day shift before). This violates CFRA. The employer must return him to day shift or an equivalent position.

How CFRA Works with Other California Leave Laws

California has multiple leave laws that can work together. Understanding how they stack helps you maximize your leave.

CFRA + Pregnancy Disability Leave (PDL)

These are separate leaves. You can use both.

PDL: Up to 4 months for pregnancy-related disability
CFRA: 12 weeks for baby bonding after birth

Total: Up to 7 months job-protected leave for pregnancy and bonding

Example: Alicia has pregnancy complications requiring bed rest at 6 months pregnant. She takes 3 months of PDL. After giving birth, she takes 12 weeks of CFRA to bond with her baby. Total: 6 months of job-protected leave.

CFRA + Paid Family Leave (PFL)

CFRA provides job protection. PFL provides wage replacement. Use both together.

CFRA: 12 weeks unpaid leave
PFL: 8 weeks at 70-90% wages through state insurance (effective January 1, 2025 under SB 951 – low-wage workers get up to 90%, higher earners get 70%)

During your 12 weeks of CFRA leave, you can receive 8 weeks of PFL payments. The remaining 4 weeks are unpaid unless you use vacation or sick time.

CFRA + Paid Sick Leave

You can use paid sick leave to continue receiving wages during CFRA leave.

Many workers use their accrued sick time first (to get paid), then take the remainder of CFRA leave unpaid or with PFL wage replacement.

CFRA + Disability Accommodation

If you have a disability, you may need more than 12 weeks of leave. After CFRA runs out, request additional leave as a disability accommodation under FEHA.

Employers must provide reasonable accommodation unless it causes undue hardship. Additional unpaid leave may qualify as reasonable accommodation.

How to Request CFRA Leave

Follow these steps to protect your rights.

1. Give Notice to Your Employer

For foreseeable leave (planned surgery, baby due date):
Give 30 days advance written notice when possible

For unforeseeable leave (emergency, unexpected illness):
Give notice as soon as practicable (within 1-2 business days)

2. State the Reason Clearly

Be specific about why you need leave:

  • “CFRA leave for birth and bonding with my child”
  • “CFRA leave to care for my father’s serious health condition”
  • “CFRA leave for my own serious health condition”

You don’t need to disclose detailed medical information. But you must provide enough information for your employer to determine if the leave qualifies under CFRA.

3. Provide Medical Certification If Required

Your employer can require a doctor’s note certifying:

  • The serious health condition exists
  • The dates care is needed
  • That you’re needed to provide care (for family member leave)

Provide this certification within 15 days of the request. Your employer must give you at least 15 days to obtain certification.

4. Put Everything in Writing

Send your leave request via email or written letter. Keep copies of:

  • Your leave request
  • Employer’s response
  • Medical certifications
  • All communications about your leave

5. Stay in Communication

Respond to reasonable employer requests for information. Provide updates if your leave dates change. Confirm your return date as it approaches.

Examples of CFRA vs FMLA in Action

These real-world scenarios show when CFRA helps but FMLA doesn’t.

Example 1: Small Employer

Situation: Rachel works for a graphic design firm with 15 employees. Her mother has breast cancer requiring chemotherapy.

FMLA: Does not cover Rachel (employer has fewer than 50 employees)
CFRA: Covers Rachel (employer has 5+ employees)

Result: Rachel takes 12 weeks of CFRA leave to drive her mother to chemotherapy appointments and provide care. Her job is protected. She uses 8 weeks of PFL for wage replacement (70-90% of wages depending on her income level).

Example 2: Caring for Grandparent

Situation: Marcus works for a large hospital with 500 employees. His grandmother who raised him has Alzheimer’s and needs care.

FMLA: Does not cover Marcus (grandparents not covered family members)
CFRA: Covers Marcus (grandparents are covered family members)

Result: Marcus takes 12 weeks of CFRA leave to care for his grandmother. His job is protected under CFRA even though FMLA wouldn’t cover this situation.

Example 3: Sibling Care

Situation: Priya works for a tech company with 200 employees. Her brother has a serious mental health crisis requiring hospitalization and ongoing treatment.

FMLA: Does not cover Priya (siblings not covered family members)
CFRA: Covers Priya (siblings are covered family members)

Result: Priya takes 8 weeks of CFRA leave to support her brother during treatment and recovery. She receives 8 weeks of PFL wage replacement (70-90% of wages depending on her income level). Her job is protected.

CFRA Retaliation Is Illegal

California strictly prohibits retaliation against workers who use CFRA leave.

Prohibited Retaliation

Employers cannot:

  • Fire you for taking CFRA leave
  • Refuse to hire you because you took CFRA leave in past
  • Demote you when you return from leave
  • Reduce pay or hours
  • Give negative performance reviews based on leave
  • Create hostile work environment
  • Interfere with your right to take leave

Penalties for Violations

If your employer violates CFRA, you can recover:

  • Back pay (wages you would have earned)
  • Front pay (future wages if you can’t be reinstated)
  • Emotional distress damages
  • Punitive damages (to punish employer)
  • Attorney’s fees and costs
  • Reinstatement to your job

California courts take CFRA violations seriously and award significant damages.

How to File a CFRA Complaint

If your employer denies CFRA leave or retaliates against you, take action.

Step 1: Document Everything

Keep detailed records:

  • Leave request and denial
  • Emails and communications
  • Medical certifications
  • Performance reviews
  • Evidence of retaliation

Step 2: File CRD Complaint

Agency: California Civil Rights Department (CRD)
Deadline: 3 years from violation
How to file: Online at calcivilrights.ca.gov

The CRD investigates your complaint. They may mediate, pursue the case themselves, or issue you a right-to-sue letter.

Step 3: Consult Employment Attorney

Many employment attorneys offer free consultations. If you have a strong case, they may work on contingency (you pay nothing unless you win).

Find attorney: California Employment Lawyers Association at cela.org

Step 4: File Lawsuit

You can file a lawsuit in civil court. Do this within:

  • 1 year of receiving right-to-sue letter from CRD, or
  • 3 years from violation (if you don’t file with CRD first)

Frequently Asked Questions

Can my employer require me to use vacation time during CFRA leave?

No. California law prohibits employers from requiring you to use vacation or PTO during CFRA leave. You can choose to use it to continue receiving full pay, but the decision must be yours.

Do both parents get CFRA leave for baby bonding?

Yes. Both parents can take 12 weeks of CFRA leave to bond with a new child. If both parents work for the same employer, the employer can require them to take the leave at different times but cannot deny leave to either parent.

What if my employer has locations in California and other states?

If you work in California, California law applies to you regardless of where company headquarters is located. Count all employees within 75 miles of your California worksite to determine if your employer has 5+ employees.

Can I take CFRA leave intermittently?

Yes. You can take CFRA leave in smaller increments (days or hours) rather than all at once when medically necessary. For baby bonding, you need employer approval for intermittent leave.

Does CFRA apply to remote workers?

Yes. If you work remotely from California, CFRA applies to you. Count all employees within 75 miles of your home office location to determine employer size.

Related Topics

Legal Disclaimer

This article provides general information about CFRA and FMLA in California. It is not legal advice. Employment laws change frequently and every situation is different. If you have specific questions about your leave rights, consult with a California employment attorney. Government agency deadlines are strict. Don’t delay seeking help if you believe your rights have been violated.

Last Updated: November 2, 2025

Sources: California Government Code § 12945.2, California Code of Regulations Title 2 § 11087, California Civil Rights Department, U.S. Department of Labor

Take Action

You earned the right to care for your family. Don’t let employers intimidate you into giving up your CFRA leave rights.

If your employer denied your leave request or retaliated against you for taking leave, document everything and contact an employment attorney. California law provides strong protections, but deadlines matter.

CFRA gives you more protection than federal law. Use it.