Balancing work and family responsibilities isn’t always easy. When life events like serious illness, childbirth, or family emergencies arise, employees shouldn’t have to choose between their job and their health. Fortunately, both federal and California laws protect workers who need time off for qualifying reasons. Understanding what types of leave are protected under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) can help you safeguard your rights and avoid unnecessary workplace conflict.
At Lawless, Lawless & McGrath, we’ve helped countless employees across California understand their leave rights and stand up to employers who violate them. Below, we break down how FMLA and CFRA work, what types of leave they protect, and how you can ensure your job remains secure while you take the time you need.
Understanding the FMLA and CFRA
Both FMLA and CFRA provide job-protected leave for employees facing serious medical or family circumstances. While the two laws are similar, they have important differences and cover slightly different conditions.
- The Family and Medical Leave Act (FMLA) is a federal law that provides up to 12 weeks of unpaid, job-protected leave in a 12-month period for eligible employees of covered employers.
- The California Family Rights Act (CFRA) is a state law that mirrors many of the same protections as FMLA but often goes further, covering more employers and broader family relationships.
Both laws guarantee that your employer must reinstate you to the same or an equivalent position once your leave ends. Employers also cannot retaliate against you for requesting or taking qualifying leave.
Eligibility Requirements
To qualify for FMLA or CFRA leave, employees must meet certain eligibility requirements:
- You must have worked for your employer for at least 12 months.
- You must have worked at least 1,250 hours during the past 12 months.
- Your employer must have at least 50 employees within 75 miles of your worksite (for FMLA). CFRA, however, applies to employers with as few as 5 employees.
Even if your employer is smaller and not covered under FMLA, California’s CFRA ensures many employees still receive similar protections.
Types of Leave Protected Under FMLA and CFRA
Both laws protect employees who need time off for specific family or medical reasons. Below are the main categories of leave covered under FMLA and CFRA:
1. Leave for Your Own Serious Health Condition
If you’re dealing with a serious health condition that prevents you from performing your job, both FMLA and CFRA allow you to take leave. A “serious health condition” generally means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. Examples include surgeries, chronic illnesses such as diabetes or asthma, or mental health conditions that require ongoing care.
2. Leave to Care for a Family Member with a Serious Health Condition
Both FMLA and CFRA allow you to take leave to care for a qualifying family member who has a serious health condition. However, CFRA expands the definition of “family member” beyond what FMLA covers.
- Under FMLA: You can take leave to care for a spouse, child, or parent.
- Under CFRA: You can also take leave to care for a domestic partner, grandparent, grandchild, or sibling.
This expansion makes CFRA particularly valuable for California employees who provide care to extended family members not recognized under federal law.
3. Parental Leave for Bonding with a New Child
Both FMLA and CFRA provide leave for new parents following the birth, adoption, or foster placement of a child. Employees may take up to 12 weeks of job-protected leave to bond with their new child within one year of birth or placement. Both parents are eligible for bonding leave if they meet the basic requirements, even if they work for the same employer.
4. Pregnancy-Related Leave
This is an important distinction between the two laws. Under federal law, pregnancy-related conditions are covered under the FMLA as part of a “serious health condition.” In California, however, pregnancy and childbirth are also covered under a separate law—the Pregnancy Disability Leave (PDL) law. PDL provides up to four months of job-protected leave for employees disabled by pregnancy, childbirth, or related medical conditions, and this can be taken in addition to CFRA leave for bonding.
5. Military Family Leave
FMLA also provides special protections for families of military service members. Eligible employees may take leave for certain qualifying exigencies related to a family member’s military deployment, such as attending official ceremonies or arranging childcare. Employees may also take up to 26 weeks of leave in a single 12-month period to care for a covered service member with a serious injury or illness sustained during active duty.
Key Differences Between FMLA and CFRA
While the two laws overlap, understanding their differences helps ensure you use your leave effectively:
- Pregnancy Coverage: FMLA includes pregnancy under serious health conditions, while CFRA does not. Instead, pregnancy is covered separately under PDL.
- Family Member Definition: CFRA includes a broader range of family relationships, including domestic partners, siblings, and grandparents.
- Employer Size: CFRA applies to employers with 5 or more employees, while FMLA applies to those with 50 or more within 75 miles.
- Concurrent Leave: In many cases, FMLA and CFRA run concurrently, meaning both protections apply at the same time. However, in cases like pregnancy or military leave, they may run separately—extending total available leave time.
What Employers Must Do
Employers have clear legal obligations under both laws. They must notify employees of their rights, maintain health insurance during the leave period, and reinstate employees to the same or an equivalent position once leave ends. Retaliating against an employee for taking or requesting protected leave is strictly prohibited. Violations can lead to significant penalties, including back pay, reinstatement, and damages for emotional distress.
How to Request Leave
If you believe you qualify for FMLA or CFRA leave, notify your employer as soon as possible. While you don’t need to share private medical details, you must provide enough information for your employer to understand that the leave qualifies under these laws. Medical certification may be required, especially for ongoing health conditions.
If your employer denies your request, pressures you to return early, or retaliates in any way, consult an employment attorney immediately. At Lawless, Lawless & McGrath, we regularly represent employees in disputes over FMLA and CFRA violations, including interference, denial, and retaliation claims.
Why Legal Guidance Matters
FMLA and CFRA laws can be complex, especially when multiple leave types overlap or when employers fail to follow proper procedures. Having an attorney ensures your rights are fully protected and your job remains secure while you take the time you’re legally entitled to. Our attorneys understand the intricacies of these laws and work to hold employers accountable when they violate them.
Securing the Time You Need—And the Legal Protection You Deserve
If you’re unsure whether your leave qualifies under FMLA or CFRA—or if your employer is making it difficult to take leave—you don’t have to face it alone. Our experienced team of family and medical leave attorneys at Lawless, Lawless & McGrath can help you understand your options, gather the necessary documentation, and take legal action if needed.
Contact Lawless, Lawless & McGrath today for a confidential consultation. We’ll explain your rights and help ensure you get the time and protection the law guarantees. Your health and your family should always come first—and the law agrees.
For more information, visit the U.S. Department of Labor’s FMLA resource page and the California Civil Rights Department’s CFRA guide.
With the right knowledge and support, you can take the leave you need without sacrificing your job or your peace of mind.