CFRA vs. FMLA: Family Leave in California
Two laws protect your job when you need time off for a new child or a serious illness. In California, the state law usually reaches further.
Both the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) give eligible workers up to 12 weeks of unpaid, job-protected leave a year. The big differences: CFRA covers employers with 5 or more employees (FMLA needs 50), CFRA covers more family members, and FMLA covers pregnancy disability while CFRA does not, which is why a California birth parent can often take more total leave.
Side by side
| CFRA (Gov. Code 12945.2) | FMLA (federal) | |
|---|---|---|
| Employers covered | 5+ employees; all public employers | 50+ employees in 20+ workweeks; public employers and schools |
| Worksite rule | None | 50 employees within 75 miles of your worksite |
| Length of service | More than 12 months | At least 12 months |
| Hours in the past 12 months | 1,250 | 1,250 |
| Leave per 12 months | 12 workweeks | 12 workweeks (26 for military caregiver leave) |
| Bond with a new child | Yes, within a year | Yes, within a year |
| Own serious health condition | Yes, except pregnancy disability | Yes, including pregnancy |
| Family members | Child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, domestic partner, designated person | Spouse, child, parent |
| Military exigency | Spouse, domestic partner, child or parent | Spouse, child or parent |
| Pay | Unpaid (state PFL/SDI may pay) | Unpaid |
| Health coverage kept | Yes | Yes |
Who is covered
Until 2021, CFRA mirrored FMLA's 50-employee threshold. SB 1383 cut it to 5 employees, so most California workers at small businesses now have job-protected family leave that federal law doesn't give them. There's also no 75-mile worksite rule under CFRA: a remote worker or someone at a small branch office can qualify as long as the employer has 5 employees anywhere.
The employee rules are nearly identical: 1,250 hours worked in the 12 months before leave (about 24 hours a week) and a year with the employer. The statute words CFRA's service rule as more than 12 months.
Family members
CFRA's list has grown twice. SB 1383 added grandparents, grandchildren, siblings and domestic partners and dropped the age limit on children, and AB 1041 (2023) added a designated person: anyone related by blood or whose relationship is the equivalent of family. You can name the designated person when you ask for leave, and your employer can limit you to one per 12 months. FMLA covers only a spouse, a child under 18 (or older if disabled) and a parent.
Pregnancy: where California adds leave
FMLA counts pregnancy disability as a serious health condition, so time off for pregnancy complications and recovery from childbirth uses up FMLA weeks. CFRA specifically excludes pregnancy disability. In California that time is covered by Pregnancy Disability Leave: up to 4 months per pregnancy at employers with 5 or more employees.
The result: an eligible birth parent can take Pregnancy Disability Leave while disabled by pregnancy and childbirth, and then up to 12 weeks of CFRA leave to bond with the baby. At an employer covered by both laws, FMLA's 12 weeks run during the disability period, so they don't shorten the CFRA bonding time. Our maternity leave calculator lays out the weeks and the pay.
When both laws apply
For reasons both laws cover, such as bonding or your own non-pregnancy illness, the leave usually counts against both entitlements at once; you don't get 24 weeks. Leave that only one law covers, such as caring for a sibling (CFRA only) or pregnancy disability (FMLA only), uses up only that law's weeks.
Pay during leave
Neither law requires pay. California's state programs fill much of the gap: Paid Family Leave replaces part of your wages for up to 8 weeks of bonding or family care, and State Disability Insurance covers your own illness, injury or pregnancy. These programs pay, but they don't protect your job; CFRA, FMLA and PDL do. Your employer can require you to use accrued vacation or other paid time off during CFRA leave in some situations.
Asking for leave
Give 30 days' notice when you can, or as soon as practical. You don't have to disclose a diagnosis, though your employer can ask for a health care provider's certification. Under CFRA your employer must respond within 5 business days. When you return, you're entitled to the same or a comparable job. Denials or retaliation can be reported to the California Civil Rights Department.
Check your eligibility
Answer a few questions in the CFRA Leave Eligibility Checker to see whether CFRA, FMLA or both apply to you and how many weeks you have left.
Frequently Asked Questions
What is the main difference between CFRA and FMLA?
Who they cover. CFRA, California's law, applies to employers with 5 or more employees; the federal FMLA applies only to employers with 50 or more, with 50 working within 75 miles. CFRA also protects leave to care for more relatives, while FMLA covers pregnancy disability, which CFRA leaves to Pregnancy Disability Leave.
Do CFRA and FMLA run at the same time?
Usually, yes. If your leave qualifies under both laws, it generally counts against both 12-week allowances at once. The big exception is pregnancy: time off for pregnancy disability counts toward FMLA but not CFRA, so a birth parent can often take Pregnancy Disability Leave and then 12 more weeks of CFRA bonding leave.
Can I take CFRA leave if I work for a small business?
Yes, if your employer has at least 5 employees and you've worked there more than 12 months and at least 1,250 hours in the last year. Since 2021, CFRA has applied to employers this small, while FMLA still doesn't.
Is CFRA or FMLA leave paid?
Neither law requires pay. Most California workers can get partial wage replacement from the state: Paid Family Leave for bonding or caring for a family member (up to 8 weeks) and State Disability Insurance for their own illness or pregnancy. You may also use vacation or PTO.
Can I take CFRA leave to care for a grandparent or sibling?
Yes. CFRA covers a child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, registered domestic partner, and one designated person per year. FMLA covers only a spouse, child or parent.
This article is for general information only and is not legal advice. For your specific situation, contact the California Civil Rights Department, the U.S. Department of Labor or an employment attorney.