Table of Contents
Two laws may protect your job when you need time off in California. The California Family Rights Act (CFRA) is the state law. The Family and Medical Leave Act (FMLA) is the federal law. Both cover a serious illness, caring for a family member, and bonding with a new child. They overlap, but the differences decide whether you qualify. Below, we compare CFRA vs. FMLA and explain what to do if your employer denies leave.
What Is the Difference Between CFRA and FMLA?
CFRA is California’s job-protected leave law; FMLA is the federal one. The biggest difference is coverage. CFRA applies to employers with five or more employees. FMLA generally applies to private employers with 50 or more employees, plus public agencies and certain schools of any size. CFRA also protects leave to care for more relatives. When leave qualifies under both laws, it usually counts against both at once.
Legally Reviewed By:
Associate Attorney
Read bio
Danielle Langella is an Associate Attorney at Abramson Labor Group, where she helps California employees stand up for their rights at work. Before joining ALG, Danielle worked at Good American as a Marketing Coordinator and Assistant to the Brand Director,…
Key Takeaways
- Both laws give eligible employees up to 12 weeks of job-protected leave in a 12-month period. Neither law requires pay during the leave.
- CFRA covers employers with 5 or more employees under Government Code §12945.2. FMLA covers private employers with 50 or more employees, plus public agencies and certain schools, per the U.S. Department of Labor.
- CFRA requires more than 12 months of service. FMLA requires at least 12 months. Both require 1,250 hours in the prior 12 months.
- CFRA lets you care for more relatives, including grandparents, siblings, and a “designated person.” FMLA covers only a spouse, child, or parent.
- Parents at the same employer each get up to 12 weeks under CFRA. FMLA may cap married parents at 12 weeks combined.
- Pay can come from accrued paid time off, California Paid Family Leave, or State Disability Insurance.
- An employer that denies protected leave or punishes you for taking it may face a retaliation claim.
What Is CFRA?
CFRA stands for the California Family Rights Act, found in Government Code section 12945.2. It gives you up to 12 workweeks of job-protected leave in a 12-month period. You can use it to bond with a new child, care for a seriously ill family member, or recover from your own serious health condition. It applies at employers with five or more employees.
CFRA is not the same as the FMLA. The FMLA is a federal law with a higher size threshold and fewer covered relatives. Many California employees have rights under both laws. The sections below show where they differ.
CFRA vs. FMLA: Side-by-Side Comparison
| CFRA (California) | FMLA (Federal) | |
| Employer size | 5 or more employees | Private: 50 or more employees. Public agencies and certain schools: any size. Worksite needs 50+ employees within 75 miles. |
| Service required | More than 12 months + 1,250 hours | At least 12 months + 1,250 hours |
| Leave length | Up to 12 weeks | Up to 12 weeks |
| Family members covered | Child, spouse, domestic partner, parent (including parent-in-law), grandparent, grandchild, sibling, designated person | Spouse, child, parent |
| Parents at the same employer | Each parent gets up to 12 weeks | Married parents may share 12 weeks for a new child |
| Paid? | No (pay may come from PFL/SDI) | No (pay may come from PFL/SDI) |
| Job protection | Same or comparable position | Same or virtually identical position |
The two laws work together. The federal FMLA regulations say that when leave qualifies under both laws, “the leave used counts against the employee’s entitlement under both laws.” The same rule says FMLA does not override a state law with greater leave rights. So an eligible worker at a large California employer usually has both laws at once and keeps the stronger protection.
Who Qualifies for CFRA vs. FMLA?
The employee requirements are similar. The big differences are employer size and which relatives count. For CFRA, the Civil Rights Department says you need more than 12 months of service. You also need 1,250 hours with that employer in the 12 months before the leave. For FMLA, you need at least 12 months and 1,250 hours. That is roughly 24 hours a week, so many part-time workers qualify.
CFRA generally applies when an employer has five or more employees. FMLA generally applies to private employers with 50 or more employees. It also reaches public agencies and certain schools of any size. For FMLA, your worksite also needs at least 50 employees within 75 miles.
Which Family Members Are Covered?
This is one of the biggest differences. FMLA lets you care for a spouse, child, or parent with a serious health condition. CFRA reaches a much wider circle.
Under Government Code §12945.2, CFRA covers care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. It also covers a “designated person.” The Civil Rights Department's fact sheet says “parent” includes a parent-in-law. A designated person is someone related by blood, or someone whose bond with you equals a family relationship. Your employer may limit you to one designated person per 12-month period.
Do CFRA and FMLA Run at the Same Time?
Usually, yes. If you qualify under both laws and the reason qualifies under both, the leave counts against both at once. Your 12 weeks do not stack into 24.
One difference matters for new parents at the same company. The Civil Rights Department says that under CFRA, “each parent is entitled to up to 12 weeks of leave.” Parents do not have to split it. The FMLA works differently. An employer may cap married coworkers at 12 weeks combined for a birth and bonding. Our article on paternity leave in California explains how this works for fathers.
Pregnancy is the other major exception. California treats a pregnancy-related disability separately, so your total leave can run past a single 12-week block. The next section explains how.
How Do Pregnancy Disability Leave and CFRA Interact?
California separates pregnancy disability from CFRA baby-bonding leave. Many workers underestimate how much time this gives them.
Pregnancy Disability Leave (PDL) is its own right under Government Code §12945. The Civil Rights Department's PDL fact sheet gives up to four months per pregnancy, for the time you are actually disabled. It applies at employers with five or more employees. There is no tenure or hours requirement. The Department adds that you may take CFRA leave “in addition to any leave entitlement related to pregnancy.”
In practice, you may take pregnancy disability leave and then up to 12 weeks of CFRA bonding leave. You must finish the bonding leave within one year of the birth. Together, the two can run well past 12 weeks. Your exact timeline depends on your dates, so consider confirming it with an employment attorney. Our article on maternity leave in California walks through the full sequence. An employer that refuses this leave may also face a pregnancy discrimination claim. Workers in Los Angeles County can talk with our Los Angeles pregnancy discrimination lawyers.
Are CFRA and FMLA Paid Leave?
No. Both laws protect your job, not your paycheck. The Civil Rights Department says employers need not pay you during CFRA leave. The Department of Labor says FMLA leave “may be unpaid or used at the same time as employer-provided paid leave.”
Pay comes from separate California programs. Paid Family Leave may pay part of your wages while you bond with a child or care for a relative. State Disability Insurance may apply to your own serious health condition. EDD says these programs replace wages but do not protect your job. Many workers use CFRA or FMLA for the job and PFL or SDI for the income.
Other California leave rights work separately. For time off after a death in the family, see our article on California bereavement leave.
What Happens If Your Employer Denies Protected Leave?
Your employer may break the law if it refuses eligible leave, interferes with it, or fails to restore your job. Under CFRA, you return to the same or a comparable position. Under FMLA, the Department of Labor says your employer must return you to “the same or virtually identical position.” Each law has its own exceptions.
Common problems include denying leave to an eligible worker or miscounting staff to dodge FMLA. Others include refusing reinstatement or treating the leave as a resignation. If your employer fired you instead of restoring your job, you may also have a wrongful termination claim. Consider keeping a record of your request, the denial, and any reason your employer gave.
Can Your Employer Retaliate Against You for Taking Leave?
No. Government Code §12945.2 bars discrimination against you for using CFRA rights. It also bars interference with those rights. Federal law gives similar protection. The Department of Labor says an employer cannot “threaten, discriminate against, punish, suspend, or fire an employee” for using FMLA rights. Retaliation can look like a firing, a demotion, fewer hours, or a sudden bad review after your leave.
Timing can matter too. A bad action soon after you request or return from leave may be evidence, along with the other facts. If your employer retaliated against you for taking FMLA leave, you may have a retaliation claim on top of the leave violation.
What Should You Do If Your Leave Rights Are Violated?
Leave cases turn on details that are hard to judge alone. Did your employer meet the size threshold? Does your relative qualify? Does the timing suggest retaliation? Consider speaking with an employment attorney if your employer denied leave, refused to reinstate you, or changed your job after leave. A lawyer can also help if you are unsure which law covers you.
At Abramson Labor Group, we represent California employees whose employers deny protected leave or punish them for taking it. Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation, contact us, or call us at (213) 493-6300.
Frequently Asked Questions
Is CFRA better than FMLA?
Neither is simply “better.” They protect different workers. CFRA reaches many California employees who miss the FMLA's size threshold, and it covers more relatives. Where both apply, federal rules keep the stronger state rights in place.
Can I take CFRA leave to care for my sibling or grandparent?
Yes, if you are otherwise eligible. CFRA covers care for a sibling, grandparent, or grandchild with a serious health condition. FMLA does not cover siblings or grandparents. In this situation, only CFRA protects your job.
How much notice do I have to give before CFRA leave?
Usually 30 days, if you can. For a foreseeable need, such as an expected birth, your employer may require 30 days' advance notice. If that is not practicable, give notice as soon as you can. You do not have to name CFRA, but you must state why you need the leave.
Can my employer make me use vacation during CFRA leave?
It can. The CFRA regulations let you choose, or let your employer require, accrued vacation or other paid time off during unpaid CFRA leave. Sick leave works differently. You can use it for your own serious health condition, or for other reasons if both sides agree.
Do I keep my health insurance during CFRA leave?
Generally, yes. The Civil Rights Department says that if you have employer health benefits, “the employer must continue to make these benefits available during the leave.”
Can I take baby-bonding leave in smaller pieces?
Often, yes, under CFRA. The regulations set a two-week minimum for bonding leave. Still, an employer “shall grant a request for a CFRA leave of less than two weeks' duration on any two occasions.” The FMLA is stricter. The Department of Labor says intermittent bonding leave needs your employer's agreement.
This article is general information about California and federal law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.