California FMLA Laws – Family and Medical Leave Act Explained

California employees are protected by two overlapping leave laws: the federal Family and Medical Leave Act (FMLA) and California’s own California Family Rights Act (CFRA). Both provide up to 12 weeks of unpaid, job-protected leave per year — but CFRA covers more employers (5+ employees vs. FMLA’s 50+) and more family relationships. If your employer denied FMLA or CFRA leave, or fired you while on leave, contact Clark Employment Law, APC for a consultation.

When someone needs to take off work, especially for medical-related reasons, the Family and Medical Leave Act (FMLA) is in place to help them keep their job while also attending to the medical needs of themselves and/or their families. California FMLA laws strive to give support to workers facing personal or family health-related issues by ensuring they can take time off without the fear of losing their job.

Understanding the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) allows eligible employees the ability to take time off for certain family and medical reasons. This leave can allow an employee to miss up to 12 weeks of work without being paid. If an employee finds themselves in this situation, they can attend to their personal concerns without worrying about losing their job. The purpose of this rule is to help workers do their jobs while also taking care of their families’ needs.

How Do I Get FMLA?

There are a few requirements that a person must meet to receive FMLA. Workers are eligible for FMLA if they:

• Worked for a covered company. Companies with 50 or more employees who worked 20 or more weeks in the last or current calendar year are typically covered.
• Have worked for the company for at least a year.
• Have worked at least 1,250 hours in the 12 months before the break starts.
• Work somewhere within 75 miles, where at least 50 other people work for the same company.

Under CFRA, the eligibility rules are similar but the employer coverage threshold is much lower: CFRA applies to employers with 5 or more employees — meaning millions of California workers who do not qualify for FMLA (because their employer has fewer than 50 employees) are still protected under CFRA. The 12-month tenure and 1,250-hour requirements apply to both laws.

What Does FMLA Protect?

Some workers may take up to 12 weeks of unpaid leave each year because of FMLA. Here are some of the reasons why:

• Giving birth and/or taking care of a child.
• Taking care of a child through adoption or foster care
• Taking care of a sick child, spouse, or parent
• A person’s own personal sickness, especially those that prevent them from performing their job duties.
• Whenever something important comes up or because the worker’s partner, child, or parent is on active duty or has been notified that they will be called up or sent to active duty soon.

Up to 26 weeks a year, FMLA allows an employee who is the service member’s partner, child, parent, or next of kin to care for them while they are seriously sick or hurt. This is called military caregiver leave.

Notice requirements: When leave is foreseeable (such as a planned surgery or a known pregnancy due date), employees must provide 30 days’ advance notice. For unforeseeable leave (such as a sudden illness), notice must be given as soon as practicable — generally within one to two business days of learning about the need. Your employer may require certification from a licensed health care provider to approve the leave.

FMLA and the California Family Rights Act (CFRA)

If you live in California, you can also use the California Family Rights Act (CFRA), which is a state law for family and medical leave. In many ways, CFRA and FMLA are the same. Additionally, CFRA usually offers more protections for California employees. CFRA is still a useful tool for making sure that workers can get time off when they need it.

Many workers in California qualify for both FMLA and CFRA. In these situations, the two laws often apply at the same time, which means the time off counts under both rules.

If you need time off for a condition that is covered by one but not the other, you may choose the one that applies to your situation. For instance, CFRA may cover caring for a domestic partner or another chosen loved one, while FMLA typically only covers spouses, children, and parents. Employees can get the most out of their benefits if they know how these laws can work together.

FMLA vs. CFRA: Key Differences at a Glance

Here is a side-by-side summary of the most important differences between the two laws:

• Employer size: FMLA covers employers with 50+ employees; CFRA covers employers with 5+ employees
• Family relationships: FMLA covers spouse, child, parent; CFRA also covers domestic partners, grandparents, grandchildren, and siblings
• Pregnancy: FMLA covers pregnancy as a serious health condition; CFRA coordinates with California’s separate Pregnancy Disability Leave (PDL) — up to 4 months
• Military leave: FMLA covers qualifying military exigencies and military caregiver leave (up to 26 weeks); CFRA does not include military exigency leave
• Concurrent use: When both laws apply to the same leave, the weeks count simultaneously against both entitlements

FMLA Job Protection

One of the greatest things about FMLA is that it guarantees an employee can go back to work after taking time off. Even though FMLA leave isn’t paid, workers can use paid leave, like sick or holiday time, to make up for their time off. Also, while an employee is on FMLA leave, their employer has to keep their health benefits the same as if they had kept working.

There are, however, some problems with job stability when it comes to taking time off. It’s possible for an employer to refuse to hire someone back if they are a key employee whose loss would hurt the business financially, but this doesn’t happen very often.

Employer interference with FMLA or CFRA rights — including denying valid leave, retaliating against an employee for taking leave, or failing to reinstate them to an equivalent position — is a violation of both federal and California law. If your employer took an adverse action against you because of FMLA or CFRA leave, you may have claims for both leave interference and wrongful termination.

While FMLA and CFRA are both unpaid, California’s Paid Family Leave (PFL) program provides 60% to 70% wage replacement for up to 8 weeks for baby bonding or caregiving leave. California’s State Disability Insurance (SDI) program provides wage replacement for up to 52 weeks for an employee’s own serious health condition. PFL and SDI do not independently protect your job — you must use FMLA or CFRA concurrently to maintain job protection.

FAQs

What Are the Rules for FMLA in California?

In California, qualified workers are entitled to up to 12 weeks of unpaid, job-protected leave per year under the Family and Medical Leave Act (FMLA). It encompasses causes that are medical or familial, like personal disease, taking care of a family member, or developing a bond with a newborn or adopted child. Workers must have completed 1,250 hours in the previous year and worked for the company for at least 12 months.

Can an Employer Deny FMLA in California?

Employers cannot refuse an eligible worker the FMLA they request if they have worked for the company for 12 months, completed 1,250 hours of service in the past year, and work for a covered firm (50 or more employees within 75 miles). However, if an employee doesn’t meet these requirements, FMLA may not be granted.

Even if an employee does not qualify for FMLA, they may still be protected under CFRA (which covers employers with 5+ employees). An employer who denies valid CFRA leave faces liability under California law — contact an attorney if your leave request was refused.

Do I Get Paid for FMLA in California?

FMLA in California is unpaid. However, workers can use their earned vacation or sick time. California’s Paid Family Leave (PFL) program lets them take time off to bond with a new baby or care for a seriously ill family member while getting some of their pay back. The FMLA protects jobs, but it doesn’t pay substitute wages.

Can I Be Fired While on FMLA?

The Family and Medical Leave Act (FMLA) guarantees job protection as part of the act. It requires that your employer reinstate you to the same or an equivalent position when you return. However, layoffs that are approved for valid reasons that are not related to FMLA are allowed if it is for the benefit of the company.

If you were fired while on FMLA or CFRA leave, the timing alone can be strong evidence of retaliation. Your employer must demonstrate that the termination decision was made independently of and unrelated to the leave. Consult an employment attorney immediately — do not wait.

Can I take FMLA intermittently in California?

Yes. Both FMLA and CFRA allow intermittent leave — taken in separate blocks of time or by reducing your normal weekly or daily work schedule — when medically necessary. For example, you may take a few hours each week for chemotherapy treatments or recurring medical appointments. Your employer may require medical certification for intermittent leave and may temporarily transfer you to an alternative position with equivalent pay and benefits during the intermittent leave period.

Does California Pregnancy Disability Leave (PDL) run at the same time as CFRA?

No — PDL and CFRA run consecutively, not concurrently. California employees who are disabled by pregnancy can take up to 4 months of PDL, and then take an additional 12 weeks of CFRA leave for baby bonding. This means a California employee can have up to approximately 7 months of total protected leave around childbirth.

What should I do if my FMLA leave is denied?

If your employer denies a leave request you believe is valid, first make the request in writing and document the denial. Then consult an employment attorney promptly — you can also file a complaint with the U.S. Department of Labor (for FMLA violations) or the California Civil Rights Department (for CFRA violations). Time limits for filing apply.

Can my employer contact me while I am on FMLA leave?

Employers may make limited contact to ask about the status of your leave or return date. However, requiring employees on FMLA leave to perform work duties, attend meetings, or remain constantly available is a form of leave interference and may violate FMLA. Documenting any such contact is important if you later need to make a claim.

Contact Clark Employment Law, APC Today

If you have any challenges with your FMLA, whether it was denied, you were unjustly fired, or any other reason, Clark Employment Law, APC can help. Contact us today to see how we can help you receive the justice you need.