Updated December 30, 2025
California FMLA vs CFRA Leave: Which Gives Better Benefits?
When facing a medical crisis or family emergency, understanding your FMLA leave in California could be the difference between keeping your job and losing it. However, many employees don't realize that California offers significantly better leave protections than federal law. While the Family and Medical Leave Act (FMLA) provides basic job protections nationwide, California's Family Rights Act (CFRA) expands these benefits in several key ways. From covering smaller employers with just 5 employees to including more family members you can care for, CFRA often provides superior benefits that many workers never fully utilize.
The differences between these laws matter tremendously when you need time off. CFRA allows leave to care for more family members, provides separate pregnancy benefits through PDL, and applies to far more California employers than FMLA. Additionally, California offers paid leave benefits through State Disability Insurance and Paid Family Leave that can replace up to 70% of your wages during your time off, unlike the unpaid federal FMLA.
Whether you're dealing with a serious health condition, caring for a family member, or welcoming a new child, knowing which law applies to your situation ensures you receive the maximum benefits possible. In this guide, we'll break down exactly how FMLA and CFRA differ and why those differences could give you months of additional protected leave when you need it most.
FMLA vs CFRA: Key Differences at a Glance
California offers substantially stronger employee protections through CFRA compared to federal FMLA leave. These laws have critical differences that can dramatically impact your eligibility and benefits. Let's examine these key distinctions:
Employer Size Requirement: 50+ vs 5+ Employees
The most notable difference involves which employers must comply with each law. FMLA applies only to employers with 50 or more employees within a 75-mile radius [1]. In contrast, CFRA expanded its coverage in 2021 to include employers with as few as 5 employees [2][3]. This fundamental change means CFRA protects significantly more California workers, particularly those at smaller companies. Furthermore, CFRA applies to both private employers and California state and local governments [2].
Covered Family Members: Spouse/Child/Parent vs Expanded Definitions
FMLA limits covered family members to your spouse, child, or parent [4]. CFRA offers broader protection by allowing leave to care for:
- Spouse or domestic partner
- Children (of any age, including adult children)
- Parents (including parents-in-law)
- Grandparents
- Grandchildren
- Siblings
- A "designated person" with a blood or family-like relationship [4][3]
This expanded definition reflects California's recognition of diverse family structures and caregiving responsibilities beyond the traditional nuclear family.
Pregnancy Coverage: FMLA Includes, CFRA Uses PDL
Another crucial distinction concerns pregnancy leave. FMLA treats pregnancy itself as a "serious health condition," counting pregnancy disability against your 12-week entitlement [5]. Conversely, CFRA does not consider pregnancy a serious health condition [1]. Instead, California provides separate Pregnancy Disability Leave (PDL) of up to 4 months (17 1/3 weeks) [5]. This means CFRA bonding leave remains fully available after PDL ends, potentially allowing up to 7 months of protected leave [3][5].
Military Leave: FMLA Covers Exigencies, CFRA Does Not
FMLA provides two types of military family leave: qualifying exigency leave for active duty situations and military caregiver leave [5][6]. CFRA only covers caregiver leave for servicemembers with serious health conditions [5]. Specifically, FMLA offers up to 26 weeks for military caregiver leave [6], whereas CFRA does not provide this extended leave option. For military families, this represents a significant difference between the two laws.
Given these distinctions, understanding which law applies to your situation is essential for maximizing your available protected leave.
Eligibility Requirements for Leave
Meeting eligibility requirements is the first step toward securing your right to FMLA leave in California. Both laws share certain criteria but differ in ways that could significantly affect your qualification status.
Work History: 12 Months and 1,250 Hours Rule
To qualify under either FMLA or CFRA, you must have worked for your employer for at least 12 months total [7]. Notably, these months don't need to be consecutive, and any break in service less than seven years must be counted [4]. Moreover, you must have worked at least 1,250 hours during the 12 months before your leave begins [8].
Important details about this requirement:
- Only actual hours worked count toward the 1,250-hour minimum, including overtime
- Vacation, sick leave, holidays, and other paid time off do not count [9]
- For military service members, hours that would have been worked during service count toward eligibility [9]
Location-Based Coverage: 75-Mile Radius Rule (FMLA Only)
A key distinction exists in how each law treats employee location. Under FMLA, you must work at a location where your employer has at least 50 employees within a 75-mile radius [7]. The CFRA eliminated this geographical restriction, consequently making more California employees eligible [5].
For remote workers, your worksite is considered to be the office where you report or from which you receive assignments [10]. Your personal residence is never considered your worksite for FMLA purposes [11]. This determination becomes especially important if your employer has multiple locations or if your supervisors themselves work remotely.
Part-Time and Temporary Workers: Who Qualifies?
Part-time, temporary, and seasonal employees can qualify for leave protection under both laws if they meet the basic eligibility requirements [4]. The deciding factor remains whether you've worked the minimum 1,250 hours in the preceding 12 months, regardless of your employment classification [12].
In fact, time worked in any capacity—part-time, temporary or seasonal—counts toward the 12-month employment requirement [9]. If you work multiple positions for the same employer, all hours are combined when calculating your eligibility.
Concurrent Coverage: When Both Laws Apply
Generally, FMLA and CFRA run concurrently when you qualify under both [13]. This means if you take leave that's covered by both laws, it counts simultaneously against your 12-week entitlements under each.
Despite this overlap, there are circumstances where the leaves do not run concurrently, including pregnancy disability leave, leave to care for certain family members covered only under CFRA, and military-related leaves that differ between the laws [8]. Understanding these distinctions allows you to potentially extend your total protected leave beyond the standard 12 weeks.
Qualifying Reasons for Leave
Both FMLA and CFRA provide job protection for specific qualifying circumstances, yet the scope of covered reasons differs in several important areas. Understanding these distinctions allows you to maximize your available protected leave.
Medical Leave for Self: Serious Health Conditions
To qualify for FMLA or CFRA leave for your own medical needs, you must have a "serious health condition" that makes you unable to perform essential job functions. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition involving either:
- Inpatient care (overnight stay in a hospital or medical facility)
- Continuing treatment by a healthcare provider
This typically includes conditions causing periods of incapacity where you cannot work, attend school, or perform regular daily activities due to the condition itself, its treatment, or recovery from it. Qualifying conditions include:
- Illnesses keeping you out of work for more than 3 consecutive days requiring ongoing medical care
- Chronic conditions needing periodic medical supervision (diabetes, epilepsy, asthma)
- Permanent or long-term conditions where treatment may not be effective
- Conditions requiring multiple treatments
Family Care Leave: Who You Can Care For
The laws differ substantially regarding which family members' conditions qualify you for protected leave. Under FMLA, you may only take leave to care for your spouse, child, or parent with a serious health condition. Alternatively, CFRA permits leave to care for:
- Spouse or registered domestic partner
- Child (any age, including adult children)
- Parent or parent-in-law
- Grandparent
- Grandchild
- Sibling
"Caring" for a family member encompasses providing physical assistance, arranging for care, psychological comfort, and transportation to medical appointments.
Mental Health Conditions: Covered Under Both Laws
Both FMLA and CFRA explicitly cover mental health conditions equally to physical conditions. Qualifying mental health conditions include depression, anxiety disorders, PTSD, bipolar disorder, and other conditions requiring treatment. Indeed, chronic mental health conditions requiring periodic visits to a healthcare provider at least twice a year qualify as serious health conditions.
Military Family Leave: FMLA vs CFRA Scope
FMLA offers two distinct types of military-related leave that CFRA handles differently:
Qualifying exigency leave: FMLA permits up to 12 weeks for specific situations related to a family member's foreign deployment, such as attending military events, arranging childcare, or managing financial matters.
Military caregiver leave: FMLA allows up to 26 weeks to care for a servicemember or veteran with a serious injury or illness incurred in the line of duty.
CFRA, primarily, only covers caring for a servicemember with a serious health condition as you would any other family member, without the additional military-specific provisions.
Designated Person Clause: CFRA's Unique Provision
Perhaps the most progressive aspect of CFRA is its "designated person" provision. As of January 2023, CFRA allows employees to take leave to care for one designated person per 12-month period with a serious health condition. This person must be related by blood or whose association is "equivalent to a family relationship." This groundbreaking provision recognizes diverse family structures beyond traditional definitions, offering flexibility for employees with non-traditional caregiving responsibilities.
Paid vs Unpaid Leave: What You Actually Get
Unlike the unpaid federal FMLA, California offers financial support options that can make taking leave financially feasible. Understanding what you'll actually receive during leave is essential for proper planning.
Wage Replacement: SDI and PFL in California
Both FMLA and CFRA provide unpaid leave with job protection, yet California offers two wage replacement programs:
- State Disability Insurance (SDI) covers your own serious health condition for up to 52 weeks, providing 60-70% of your wages up to $1681 weekly [14]
- Paid Family Leave (PFL) offers 60-70% of your wages for up to 8 weeks when caring for family members or bonding with a new child [15]
These programs provide income but no job protection on their own—you need FMLA or CFRA for that protection. The strategic approach: use CFRA/FMLA for job security while applying for SDI or PFL for income [5].
Using Accrued PTO: Vacation and Sick Leave Rules
The rules for using paid time off during leave are nuanced:
If receiving state benefits (SDI/PFL) during FMLA/CFRA leave, employers cannot require you to use accrued PTO [16]. Yet, you may voluntarily use PTO to supplement these benefits to reach full salary if both you and your employer agree [3].
For portions of FMLA/CFRA leave not covered by state benefits, employers may require—or you may choose—to substitute accrued vacation or sick leave to maintain income [17].
Health Insurance Continuation During Leave
Throughout your FMLA or CFRA leave, employers must maintain your health insurance coverage under the same terms as if you were still working [1]. You'll need to continue paying your normal premium contributions, typically through payroll deductions if using paid leave [1].
After protected leave ends, if you need additional time off, COBRA continuation coverage may be available at your expense [18].
Intermittent and Reduced Schedule Leave Options
For ongoing medical needs, both laws allow you to take leave intermittently (in separate blocks of time) or on a reduced schedule [19]. Your employer may temporarily transfer you to an alternative position that better accommodates your intermittent schedule, provided it offers equivalent pay and benefits [19].
Coordinating FMLA/CFRA with Paid Benefits
Maximizing your benefits requires strategic coordination:
- FMLA/CFRA leaves typically run concurrently when both apply [2]
- For pregnancy, you can receive SDI during PDL, then PFL during bonding leave [5]
- Leave benefits don't extend each other's time limits—if eligible for both, they run simultaneously [20]
For optimal financial support, apply for state benefits as soon as your leave begins since these programs cover only wage replacement, not job protection [21].
Pregnancy and New Parent Leave in California
California stands out nationwide for its exceptional pregnancy and parental leave benefits. Through a combination of state-specific programs, expectant and new parents can secure substantially more protected time off than federal law provides alone.
Pregnancy Disability Leave (PDL): Up to 4 Months
PDL offers job protection for up to four months (17 1/3 weeks) per pregnancy when you're disabled by pregnancy, childbirth, or related medical conditions [22]. Unlike other leave programs, PDL has no length-of-service requirements—employees qualify immediately upon hire [22]. This leave covers prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth recovery, and other pregnancy-related conditions [23].
CFRA Bonding Leave: 12 Weeks After PDL
Following PDL completion, eligible employees can take an additional 12 weeks of CFRA leave specifically for bonding with their newborn [24]. This bonding leave must be taken within one year of the child's birth [25]. Remarkably, this benefit applies to all new parents—birth, adoptive, and foster—regardless of gender [26].
FMLA vs CFRA: How Pregnancy Is Treated Differently
Perhaps the most critical distinction: FMLA treats pregnancy itself as a "serious health condition" that counts against your 12-week entitlement [5]. Alternatively, CFRA explicitly excludes pregnancy from its definition of serious health condition [27]. This fundamental difference means CFRA bonding leave remains fully available after PDL ends [5].
Maximum Leave Timeline: Up to 7 Months Total
The strategic advantage becomes clear when calculating total available leave. Birth parents can potentially access:
- Up to 4 months of PDL for pregnancy disability [5]
- Plus 12 weeks of CFRA for bonding afterward [5]
- Totaling approximately 7 months of job-protected leave [5]
Income During Leave: SDI and PFL Breakdown
Although these leaves are technically unpaid, California provides wage replacement through:
- State Disability Insurance (SDI): Covers 60-70% of wages during pregnancy disability [28]
- Paid Family Leave (PFL): Provides 60-70% of wages for up to 8 weeks during bonding [29]
For standard pregnancies, SDI typically covers 4 weeks before birth and 6-8 weeks after (depending on delivery type) [28]. Once your doctor certifies recovery, PFL can begin for bonding time [28].
How to Apply and Protect Your Rights
Securing your FMLA leave in California requires understanding the proper application procedures and knowing how to safeguard your rights throughout the process.
Step-by-Step Application Process
Initially, notify your employer about your need for leave, providing sufficient information to indicate it may qualify under FMLA/CFRA. Your employer must then provide an eligibility notice within five business days [6]. This notice confirms whether you meet the basic requirements for leave protection. Subsequently, you'll receive a "Rights and Responsibilities Notice" outlining your entitlements and obligations [6]. Once your employer has enough information, they must provide a written "Designation Notice" within five business days confirming whether your leave qualifies [6].
Medical Certification Requirements
For leaves involving serious health conditions, employers may request medical certification from your healthcare provider [30]. This document must include:
- Contact information for the healthcare provider
- When the condition began and expected duration
- Appropriate medical facts about the condition
- Information showing you cannot perform essential job functions (for your own condition)
- Care requirements and estimated leave duration (for family member care) [30]
You typically have 15 calendar days to submit this certification [30]. Importantly, employers must maintain these medical records confidentially, separate from regular personnel files [31].
Employer Notification Rules: 30-Day Notice
Ordinarily, you must provide at least 30 days' advance notice for foreseeable leaves like planned medical procedures or childbirth [4]. For unexpected situations, notify your employer as soon as practically possible [4]. Your employer may require compliance with their usual leave request policies unless unusual circumstances prevent you from doing so [4].
Job Protection and Reinstatement Rights
Upon completing FMLA/CFRA leave, you're entitled to return to your same position or a "comparable position" with equivalent pay, benefits, and working conditions [1]. This reinstatement right applies even if you've been replaced or your position was restructured during your absence [32]. Your employer must maintain your health benefits during leave under the same terms as if you were still working [1].
Protection from Retaliation: What the Law Says
Both laws strictly prohibit employers from interfering with, restraining, or denying your exercise of FMLA/CFRA rights [6]. This protection includes prohibition against:
- Termination or demotion for taking protected leave
- Creating a hostile work environment after return
- Using leave against you in attendance policies or performance evaluations [1]
Violations may entitle you to compensation for lost wages and benefits, plus appropriate remedies including reinstatement [6].
Conclusion
Understanding the distinctions between FMLA and CFRA proves essential for California workers facing family emergencies or medical challenges. Throughout this comparison, we've seen how California's protections consistently exceed federal standards, offering more comprehensive coverage for diverse family structures and situations.
Significantly, CFRA's expansion to employers with just 5 employees (versus FMLA's 50-employee threshold) extends these crucial protections to millions more California workers. Additionally, the broader definition of family members under CFRA acknowledges the reality of modern caregiving responsibilities, particularly through its groundbreaking "designated person" provision.
Perhaps the most valuable difference appears in pregnancy leave management. While FMLA counts pregnancy against your 12-week entitlement, California's separate Pregnancy Disability Leave combined with CFRA bonding leave potentially offers up to 7 months of protected time off. This structure acknowledges both the medical nature of pregnancy and the importance of parent-child bonding.
Unlike the unpaid federal FMLA, California also provides financial support through State Disability Insurance and Paid Family Leave, replacing up to 70% of your wages during leave periods. Consequently, these programs make taking necessary time off financially feasible for more workers.
The process for securing these rights requires proper notification, documentation, and understanding your employer's obligations. Certainly, knowing how to coordinate these benefits strategically maximizes both your protected time and financial support.
Ultimately, California workers facing medical emergencies, caregiving responsibilities, or new parenthood stand in a far stronger position than those relying solely on federal protections. Therefore, familiarizing yourself with these differences beforehand ensures you can access every benefit you're entitled to when crisis strikes or family needs arise. The substantial advantages provided by California's leave laws represent meaningful recognition that supporting workers through life's challenging moments benefits employees, families, and workplaces alike.
Call Setyan Law at (213)-618-3655 to schedule a free consultation.
