CFRA Leave Eligibility Checker
Find out whether California's Family Rights Act protects your job while you're out for a new child, your own health or a family member's, and whether federal FMLA applies too.
You qualify for CFRA leave if your employer has 5 or more employees, you've worked there more than 12 months, and you worked at least 1,250 hours in the past 12 months. You then get up to 12 weeks of unpaid, job-protected leave a year to bond with a new child, recover from a serious health condition, or care for a family member. Federal FMLA covers only employers with 50+ employees.
Answer a few questions about your employer, your job and why you need leave.
CFRA Leave Eligibility Checker
CFRA Result
CFRA Weeks Available
Federal FMLA
How this is checked
The checker applies Government Code 12945.2 (the California Family Rights Act, expanded to small employers in 2021 and to designated persons in 2023) and compares it with the federal Family and Medical Leave Act.
| CFRA (California) | FMLA (federal) | |
|---|---|---|
| Employer size | 5+ employees, or any public employer | 50+ employees in 20+ workweeks, or a public employer; 50 within 75 miles of your worksite |
| Time on the job | More than 12 months | At least 12 months |
| Hours in the last 12 months | 1,250 | 1,250 |
| Leave per 12 months | 12 workweeks | 12 workweeks (26 for military caregiver leave) |
| Family members | Child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, domestic partner, one designated person | Spouse, child, parent |
| Own pregnancy disability | Not covered (Pregnancy Disability Leave, up to 4 months, applies instead) | Covered |
| Bonding | Within 12 months of birth or placement | Within 12 months of birth or placement |
When both laws apply, leave for a reason both cover generally counts against both at once. Because pregnancy disability isn't a CFRA reason, a birth parent can take Pregnancy Disability Leave and then up to 12 weeks of CFRA bonding leave. Your employer may require 30 days' notice when the need is foreseeable and must respond to your request within 5 business days.
Frequently Asked Questions
Who qualifies for CFRA leave in California?
You qualify if your employer has 5 or more employees (or is a public employer), you've worked there more than 12 months, and you worked at least 1,250 hours in the 12 months before the leave starts. Eligible employees get up to 12 workweeks of job-protected leave in a 12-month period.
What can CFRA leave be used for?
Bonding with a new child (birth, adoption or foster placement) within a year; your own serious health condition; caring for a child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, domestic partner or one designated person with a serious health condition; and a qualifying military exigency for a spouse, domestic partner, child or parent.
Is CFRA leave paid?
No, CFRA protects your job but your employer doesn't have to pay you. Most workers can get partial pay from the state: Paid Family Leave for bonding or caring for family (up to 8 weeks) and State Disability Insurance for your own illness. You may also use accrued vacation or PTO.
What is the difference between CFRA and FMLA?
FMLA is the federal law and only covers employers with 50 or more employees, with 50 working within 75 miles of your worksite. CFRA covers employers with just 5. CFRA also covers more family members (siblings, grandparents, grandchildren, domestic partners and a designated person) but doesn't cover pregnancy disability, which California handles under Pregnancy Disability Leave. When both apply, the leave usually runs at the same time.
Can my employer deny or punish me for taking CFRA leave?
No. It's illegal for an eligible employee's employer to refuse CFRA leave, interfere with it, or retaliate for taking it. When the leave ends you're entitled to the same or a comparable job, and your group health coverage continues during the leave. Complaints go to the California Civil Rights Department.
This tool gives general information, not legal advice. Union contracts and employer policies can give more leave. For questions or complaints, contact the California Civil Rights Department or an employment attorney.