FMLA vs. CFRA: What’s the Difference?

Understanding Your Leave Rights as a California Employee

When you’re dealing with a serious health condition, a family emergency, or welcoming a new child, taking time away from work may not really be a choice.

Both federal and California law provide job-protected leave in many situations. What many employees don’t realize is that the California Family Rights Act (CFRA) often provides broader protections than the federal Family and Medical Leave Act (FMLA).

If your employer denies your leave, discourages you from taking it, or retaliates against you for exercising your rights, you may have legal claims under California employment law.

What Is the FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave during a 12-month period for qualifying reasons, including:

• A serious health condition that prevents the employee from working
• Caring for a spouse, child, or parent with a serious health condition
• Bonding with a new child following birth, adoption, or foster placement
• Certain military-related family circumstances

Qualified employees are generally entitled to return to the same or an equivalent position when their leave ends. FMLA also requires employers to maintain group health benefits during the leave period.

What Is the CFRA?

The California Family Rights Act (CFRA) is California’s state leave law. Like FMLA, it provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period.

The difference is that CFRA covers more employees and recognizes a broader range of family relationships. In many situations, that means stronger protections for California workers.

Key Differences Between FMLA and CFRA

Feature	FMLA (federal)	CFRA (California)
Employer size	50 or more employees within a 75-mile radius	As few as five employees
Length of leave	Up to 12 weeks in a 12-month period	Up to 12 weeks in a 12-month period
Family members covered	Spouse, parent, child	Also domestic partners, grandparents, grandchildren, siblings, parents-in-law, and a designated person
Pregnancy	Pregnancy leave counts toward the 12 weeks	Pregnancy disability is handled separately through PDL (up to four months), plus CFRA bonding leave
Eligibility	12 months and 1,250 hours worked, plus a 75-mile worksite-size rule	12 months and 1,250 hours worked, with no worksite-size rule

1. Employer Coverage

One of the biggest differences is the size of the employer required to provide protected leave.

FMLA: Generally applies to employers with 50 or more employees within a 75-mile radius.

CFRA: Applies to employers with as few as five employees.

So, even if you work for a smaller California employer and aren’t protected by FMLA, you may still qualify for CFRA leave.

A note for employees at smaller companies: If your employer has between 5 and 19 employees, California’s Civil Rights Department offers a small-employer mediation program. In most cases, an employee at a company this size must go through CRD mediation before filing a civil lawsuit over a CFRA violation.

2. Family Members Covered

Another important difference is who you can take protected leave to care for.

FMLA Generally Covers:

• Spouse
• Parent
• Child

CFRA Additionally Covers:

• Domestic partners
• Grandparents
• Grandchildren
• Siblings
• Parents-in-law
• A designated person with a family-like relationship

That broader definition can make a big difference when someone you love has a serious medical condition.

There is one important limitation. California law generally allows an employee to identify only one designated person per 12-month period. Once you’ve named that person for CFRA purposes, you typically can’t substitute someone else until the next 12-month period begins.

3. Pregnancy-Related Leave

FMLA and CFRA don’t necessarily handle pregnancy the same way.

Under California law, pregnancy disability is primarily addressed through Pregnancy Disability Leave (PDL) rather than CFRA. Because of that distinction, some employees may be entitled to additional protected leave.

What can that look like in real life?

PDL provides up to four months of leave for pregnancy-related disability, while CFRA separately provides up to 12 weeks of bonding leave after birth.

Combined, an eligible employee could potentially receive roughly seven months of job-protected leave surrounding the birth of a child, significantly more than the 12 weeks available under FMLA alone.

The exact amount depends on individual circumstances, including the healthcare provider’s certification, so employees should confirm their specific timeline with an attorney or HR department.

4. Employee Eligibility Requirements

Both laws generally require employees to:

• Have worked for the employer for at least 12 months
• Have worked at least 1,250 hours during the previous 12 months

FMLA also has a worksite-size requirement tied to the employer’s workforce within a 75-mile radius. CFRA does not.

Can FMLA and CFRA Run at the Same Time?

Often, yes.

When an employee qualifies under both laws, FMLA and CFRA leave frequently run at the same time. But they don’t always perfectly overlap because the laws cover different family relationships and handle pregnancy-related leave differently.

The interaction between FMLA, CFRA, Pregnancy Disability Leave, and California Paid Family Leave can become complicated, and employers sometimes make mistakes when calculating how much leave an employee has available.

Common Leave Violations We See

Unfortunately, some employers don’t follow their legal obligations when an employee needs protected leave.

Common violations include:

• Improperly denying leave
• Refusing to recognize CFRA coverage
• Requiring employees to return prematurely
• Terminating or demoting employees for taking protected leave
• Reducing hours or responsibilities in retaliation for leave use
• Harassing employees who request medical or family leave

California law prohibits employers from interfering with protected leave rights or retaliating against employees who exercise those rights.

These situations can also overlap with disability discrimination claims under California’s Fair Employment and Housing Act (FEHA) and, in some cases, the federal Americans with Disabilities Act (ADA).

Those laws require employers to provide reasonable accommodations and engage in a good-faith interactive process, separate from any leave entitlement. If your situation involves a disability or medical condition, it’s worth having an attorney evaluate both your leave and accommodation rights.

Signs Your Rights May Have Been Violated

You may want to speak with an employment attorney if:

• Your leave was denied despite meeting eligibility requirements
• Your employer discouraged you from taking leave
• You were disciplined shortly after requesting leave
• Your position wasn’t restored after your leave
• You experienced retaliation after taking medical or family leave
• Your employer claimed you were ineligible without clearly explaining why

Retaliation doesn’t always have to be obvious. Even subtle forms of retaliation can violate California employment laws.

What Should You Do If Your Employer Violates Your Leave Rights?

If you believe your employer interfered with your FMLA or CFRA rights:

• Save emails, texts, and written communications relating to your leave.
• Keep copies of medical certifications and leave requests.
• Document conversations with supervisors and HR.
• Consult an experienced California employment attorney as soon as possible.

Employment claims often involve important deadlines, so acting promptly can help preserve your rights.

Frequently Asked Questions

What is the difference between FMLA and CFRA?

Both laws provide eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period. The main differences are that CFRA applies to much smaller employers (as few as five employees, versus 50 or more for FMLA), recognizes a broader range of family relationships, and handles pregnancy-related leave differently.

Does CFRA apply to small employers in California?

Yes. CFRA applies to employers with as few as five employees. If your employer has between 5 and 19 employees, you generally must go through the Civil Rights Department’s small-employer mediation program before filing a civil lawsuit over a CFRA violation.

Can FMLA and CFRA run at the same time?

Often, yes. When an employee qualifies under both laws, the leave frequently runs concurrently. But they don’t always perfectly overlap, because the two laws cover different family relationships and handle pregnancy-related leave differently.

How much leave can I get around a pregnancy in California?

Pregnancy Disability Leave provides up to four months for pregnancy-related disability, and CFRA separately provides up to 12 weeks of bonding leave after birth. Combined, an eligible employee could potentially receive roughly seven months of job-protected leave around the birth of a child, though the exact amount depends on individual circumstances.

What should I do if my employer violates my leave rights?

Save emails, texts, and other written communications about your leave, keep copies of medical certifications and leave requests, document conversations with supervisors and HR, and consult an experienced California employment attorney as soon as possible, because employment claims often involve important deadlines.

Gomerman | Bourn & Associates Can Help

At Gomerman | Bourn & Associates, we represent California employees whose workplace rights have been violated.

If your employer denied protected leave, retaliated against you for taking leave, or terminated your employment after you requested leave, our team can evaluate what happened and explain your legal options.

You shouldn’t have to choose between caring for yourself or your family and keeping your job.

Contact Gomerman | Bourn & Associates today for a confidential consultation to discuss your rights under CFRA, FMLA, and California employment law.

Additional Resources

• U.S. Department of Labor: Family and Medical Leave Act (FMLA)
• California Employment Development Department: FMLA and CFRA FAQs
• California Civil Rights Department: Family Care and Medical Leave Guide
• California Civil Rights Department: Pregnancy Disability Leave and Child Bonding Guide