The California Family Rights Act (CFRA) is a vital state law that provides eligible employees with job-protected leave to care for their own serious health condition, bond with a new child, or care for a family member with a serious health condition. Think of CFRA as California’s version of the FMLA. However, CFRA offers distinct protections and broader coverage in certain areas, reflecting California’s strong commitment to affording even broader protections. Understanding your rights under CFRA is essential for navigating significant and often stress life events without having to also worry about your job security.
California Family Rights Act
Your Guide to Job-Protected Leave under the California Family Rights Act (CFRA)
California’s Commitment to Family and Medical Leave
What is the California Family Rights Act (CFRA)?
CFRA is California’s state leave law, largely mirroring FMLA by providing up to 12 weeks of unpaid, job-protected leave for eligible employees of employers with five or more employees. Reasons for CFRA leave include an employee’s own serious health condition (excluding pregnancy-related disability, which is covered by PDL), caring for a child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, registered domestic partner, or a “designated person” with a serious health condition, bonding with a new child, or a qualifying military exigency. The law ensures that while you are on CFRA leave, your employer must continue your health insurance coverage under the same terms and generally must reinstate you to the same or a comparable position upon your return.
Who is a Covered Employer and Employee Eligibility for CFRA?
- Covered Employers: CFRA applies to employers who directly employ five or more employees. This threshold is significantly lower than FMLA’s requirement for private employers (50 employees), meaning more California employees are covered by CFRA.
- Eligible Employees: To be eligible for CFRA leave, an employee must meet the following criteria:
- Have worked for the employer for at least 12 months.
- Have worked at least 1,250 hours for that employer during the 12-month period immediately preceding the start of the leave.
What are Qualifying Reasons for Taking CFRA Leave?
Eligible employees may take CFRA leave for the following reasons:
- Bonding with a New Child: To bond with the employee’s newborn child, or with a child placed with the employee for adoption or foster care. This leave must generally be taken within one year of the child’s birth or placement.
- Employee’s Own Serious Health Condition: When the employee is unable to perform the essential functions of their job due to their own serious health condition.
- Care for a Family Member with a Serious Health Condition: To care for a child (of any age), parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner who has a serious health condition. Since 2023, CFRA also allows leave to care for a “designated person,” who can be any individual related by blood or whose association with the employee is the equivalent of a family relationship. An employee can identify one designated person per 12-month period. This “designated person” provision significantly expands caregiving leave rights in California.
- Qualifying Exigencies for Military Families: For a qualifying exigency related to the covered active duty or call to covered active duty of the employee’s spouse, domestic partner, child, or parent in the U.S. Armed Forces.
Key CFRA Protections and Benefits During Leave
- Job Protection and Reinstatement: Upon returning from CFRA leave, an employee has the right to be reinstated to their same position or, if that position is no longer available, to a comparable position. A “comparable” position must be virtually identical in terms of pay, benefits, shift, schedule, geographic location, and working conditions, including duties, responsibilities, and skill requirements.
- Continuation of Health Insurance: The employer must continue to provide and pay for the employee’s existing group health insurance coverage under the same terms and conditions as if the employee had continued to work during the CFRA leave period. The employee may be required to continue paying their portion of the premiums.
- Unpaid Leave (with Wage Replacement Options): CFRA leave itself is generally unpaid. However, employees may choose, or employers may require, to use accrued paid time off (such as vacation, sick leave, or PTO) during their CFRA leave. Additionally, employees taking CFRA leave for baby bonding or to care for a seriously ill family member may be eligible for partial wage replacement through California’s Paid Family Leave (PFL) program.
What are the Notice Requirements for CFRA Leave?
- Employee Notice: If the need for leave is not foreseeable, the employee must provide notice as soon as practicable and generally an employee must comply with the employer’s practices and policies unless unusual circumstances prevent the employee from doing so.
- Employer Notice: Employers are required to provide employees with notice of their CFRA rights, typically through workplace postings and in employee handbooks. When an employee requests leave, the employer must respond promptly regarding eligibility and designation of the leave.
Interaction with FMLA and Pregnancy Disability Leave (PDL)
- FMLA: CFRA and FMLA often run concurrently when the reason for leave qualifies under both laws. However, CFRA’s broader definition of “family member” (including grandparents, grandchildren, siblings, parents-in-law, registered domestic partners, and a “designated person”) means CFRA leave may be available in situations where FMLA leave is not.
- PDL: In California, Pregnancy Disability Leave (PDL) provides up to four months of job-protected leave for an employee disabled by pregnancy, childbirth, or a related medical condition. PDL is separate from CFRA. An employee can take PDL for their period of disability and then, if eligible, take up to 12 weeks of CFRA leave for new child bonding (i.e. baby bonding). This can result in a total protected leave period exceeding seven months for pregnancy disability and subsequent bonding.
Prohibition Against Interference and Retaliation
It is unlawful for an employer to interfere with, restrain, or deny an employee’s exercise of (or attempt to exercise) any right provided by CFRA. Furthermore, employers are prohibited from discharging, fining, suspending, expelling, discriminating against, or otherwise retaliating against an employee for exercising their CFRA rights or for opposing any practice made unlawful by CFRA.
CFRA is a key component of your leave entitlements. For a broader picture, see our California Medical and Family Leave Overview.
Learn about the federal equivalent, the Family and Medical Leave Act (FMLA).
If you faced negative consequences for taking CFRA leave, visit our page on FMLA & CFRA Retaliation.
What to Do If Your CFRA Rights Are Violated
If you believe your employer has improperly denied your CFRA leave, failed to reinstate you, or retaliated against you for taking CFRA leave contact our office and speak to an experienced attorney. We can help you by providing a free consultation to determine if we are able to represent you and pursue legal action.