FMLA in California: How It Works With CFRA
Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated November 2026.
California employees are protected by two family and medical leave laws: the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Both laws provide up to 12 weeks of job-protected leave in a 12-month period to care for your own serious health condition, to care for a family member, or to bond with a new child. When an employee qualifies under both laws, the leave usually runs at the same time and counts against both entitlements.
CFRA is broader than the FMLA in several important ways. It applies to employers with 5 or more employees rather than 50, covers more family members, and does not count pregnancy disability against the 12 weeks. For that reason, most California employees who were fired or mistreated because of medical or family leave have their strongest claims under CFRA.
Key points
- Both laws provide up to 12 weeks of job-protected leave in a 12-month period.
- CFRA covers employers with 5 or more employees; the FMLA covers employers with 50 or more.
- When you qualify under both, the leave usually runs at the same time.
- Pregnancy disability does not count against CFRA leave.
- Your employer may not fire you because you requested or took protected leave.
This guide explains how the two laws compare, what to do if you were wrongfully fired during or after leave, and why California leave cases are usually brought under CFRA. For a detailed explanation of CFRA itself, see our California CFRA leave guide.
Eligibility
Who Is Eligible for FMLA and CFRA Leave?
The eligibility rules for employees are almost the same, but CFRA covers far more employers. Many California employees who do not qualify for FMLA leave are still protected by CFRA.
| Requirement | FMLA (federal) | CFRA (California) |
|---|---|---|
| Employer size | 50 or more employees for 20 or more workweeks in the current or prior year; public agencies of any size | 5 or more employees; public agencies of any size |
| Time with the employer | 12 months (need not be consecutive) | 12 months |
| Hours worked | 1,250 hours in the 12 months before leave | 1,250 hours in the 12 months before leave |
| Worksite rule | 50 employees within 75 miles of the worksite | No worksite requirement |
| Amount of leave | 12 weeks in a 12-month period (26 weeks for military caregiver leave) | 12 weeks in a 12-month period |
If you qualify under both laws, your employer generally may count the same weeks of leave toward both. If you qualify only under CFRA, you still have the right to 12 weeks of protected leave.
Differences
What Do FMLA and CFRA Cover, and Where Do They Differ?
Both laws protect leave for your own serious health condition, to care for a family member with a serious health condition, and to bond with a new child by birth, adoption or foster placement. The main differences are below (this list is not exhaustive).
| Issue | FMLA | CFRA |
|---|---|---|
| Family members covered | Spouse, child, parent | Spouse, registered domestic partner, child of any age, parent, parent-in-law, grandparent, grandchild, sibling, and one designated person in a 12-month period |
| Pregnancy disability | Counts against the 12 weeks | Does not count; Pregnancy Disability Leave (up to 4 months) is separate |
| Military family leave | Qualifying exigency leave and up to 26 weeks of military caregiver leave | Qualifying exigency leave; no separate military caregiver leave |
| Medical certification | Employer may contact the provider to clarify or authenticate the certification | Employer may contact the provider only to authenticate it; you do not have to disclose your diagnosis |
| Second medical opinion | Allowed when the employer has reason to doubt the certification | Allowed only for your own condition, and only with a good-faith, objective reason to doubt it |
| Damages in a lawsuit | Lost wages and benefits, interest, an equal amount as liquidated damages, and attorney’s fees and costs | Lost wages and benefits, emotional distress damages, punitive damages against private employers, and attorney’s fees and costs |
Because pregnancy disability does not reduce CFRA leave, a California employee can take Pregnancy Disability Leave and then up to 12 more weeks of CFRA bonding leave. See our California maternity leave guide and our page on pregnancy disability leave.
Termination
Can I Be Fired While on FMLA or CFRA Leave in California?
Your employer may not fire you, demote you or otherwise retaliate against you because you requested or took protected leave. An employer also may not interfere with your leave, for example by denying leave you are entitled to or discouraging you from taking it. Both laws generally require the employer to return you to the same or a comparable position when the leave ends.
Leave does not protect an employee from every termination. An employer may still end employment for a legitimate reason unrelated to the leave, such as a genuine layoff that would have happened anyway. Whether that explanation holds up depends on the facts. The following often suggest that the real reason was the leave (this list is not exhaustive):
- The termination came during the leave, shortly before it, or soon after you returned.
- A manager complained about your absence, the timing of the leave, or the coverage it required.
- You were selected for a “layoff” while your duties were reassigned to someone else.
- Performance criticism appeared only after you asked for leave.
- Your employer pressured you to work while on leave or to make up the time.
- You were told your position was “eliminated” but the role was later filled.
If you were wrongfully fired during or after medical leave, see our article on being fired during or after medical leave in California. Keep track of the dates of your leave request, your leave and each conversation about it, and save emails, texts and leave paperwork.
Fired during or after leave? Tell us what happened.
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Why California Leave Cases Are Usually Brought Under CFRA
Most employees know the FMLA by name, but in California the stronger claim is usually under CFRA. When the two laws overlap, we generally bring the case under CFRA in California state court, for several reasons:
Broader coverage
CFRA reaches employers with as few as 5 employees, covers more family members, and has no 75-mile worksite rule.
Greater damages
CFRA is part of California’s Fair Employment and Housing Act (FEHA). A CFRA claim can recover emotional distress damages and, against private employers, punitive damages. The FMLA generally limits recovery to economic losses and liquidated damages.
The forum
A lawsuit that includes a federal FMLA claim can generally be moved by the employer to federal court. A case based on California law, such as CFRA, FEHA and wrongful termination in violation of public policy, can usually remain in state court.
Related California claims
A leave case often involves disability discrimination, failure to accommodate or retaliation, which are also FEHA claims. See our reasonable accommodation and disability discrimination pages.
The right approach depends on the facts of each case, including the employer’s size and the reasons it gave for the termination.
During your leave
Pay, Notice and Returning to Work
- Pay. FMLA and CFRA leave are unpaid, but you may be able to use accrued vacation, paid time off or sick leave, and you may qualify for State Disability Insurance (SDI) or Paid Family Leave (PFL) wage replacement through the California Employment Development Department. Your employer must continue your group health coverage during the leave on the same terms as if you were working.
- Notice. When the need for leave is foreseeable, such as a scheduled surgery or the birth of a child, you should give your employer 30 days’ notice. When it is not foreseeable, give notice as soon as practicable. You do not have to use the words “FMLA” or “CFRA”; it is enough to tell your employer that you need time off for a reason the laws cover.
- Certification. Your employer may require a certification from a health care provider. Under CFRA, the certification does not need to disclose your diagnosis.
- Returning to work. At the end of the leave, you are generally entitled to return to the same or a comparable position with the same pay, benefits and working conditions. For leave taken for your own condition, your employer may require a release to return to work.
Our California CFRA leave guide explains notice, certification and intermittent leave in more detail.
Time limits
Deadlines for FMLA and CFRA Claims
Leave-related claims have strict deadlines. The most common are below (this list is not exhaustive).
| Claim | Deadline |
|---|---|
| CFRA complaint with the California Civil Rights Department (CRD) | 3 years from the violation |
| CFRA lawsuit after a CRD right-to-sue notice | 1 year from the notice |
| FMLA lawsuit | 2 years from the violation, or 3 years if the violation was willful |
| Wrongful termination in violation of public policy | 2 years |
| Government claim against a public employer (non-FEHA claims) | 6 months |
For a full discussion regarding deadlines where there has been a termination, see our page on termination-related deadlines.
Frequently Asked Questions
Do I have a case?
You may have a case. If you were fired, demoted or denied leave after requesting or taking medical or family leave, you may have a claim under CFRA, the FMLA, or both. Whether you have a case depends on the facts, including the timing of the termination and the reasons your employer gave. Contact us to request a free, confidential consultation.
What is the difference between FMLA and CFRA?
The FMLA is a federal law that applies to employers with 50 or more employees. CFRA is a California law that applies to employers with 5 or more employees, covers more family members, and does not count pregnancy disability against its 12 weeks. When both apply, the leave usually runs at the same time.
Can I be fired while on FMLA in California?
Your employer may not fire you because you took or requested protected leave. It may end your employment only for a legitimate reason unrelated to the leave, and a firing during or soon after leave often deserves a closer look.
Do FMLA and CFRA run at the same time?
Usually, yes. When leave qualifies under both laws, the same weeks generally count toward both. They do not run together for pregnancy disability, which counts under the FMLA but not under CFRA.
Is FMLA or CFRA leave paid?
No. Both laws provide unpaid, job-protected leave. You may be able to use accrued paid leave and receive State Disability Insurance or Paid Family Leave benefits during the leave.
How much does it cost to hire Rise Law Firm?
We handle employment cases on a contingency basis. There are no fees or costs unless we recover compensation for you.
Speak With a California Family and Medical Leave Lawyer
If you were wrongfully fired, demoted or denied leave because of a medical condition, a family member’s illness or the birth of a child, Rise Law Firm can help. We represent employees only, throughout California, and we have secured millions of dollars for our clients. There are no fees or costs unless we recover compensation for you. Please contact us to request a free, confidential consultation, or call (310) 728-6588. You can also learn more on our Los Angeles FMLA and CFRA leave page.
This article provides general information about California and federal law and is not legal advice. Reading it does not create an attorney-client relationship.