Navigating leave rights can be confusing for California employees. You might have heard of both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), but what’s the difference? While both laws provide job-protected leave for family and medical reasons, they have distinct features that every California worker should understand.

Glaser Labor Law will clarify the key differences between CFRA and FMLA. Knowing how these laws work is crucial for protecting your rights and making informed decisions about taking leave from work.

1. Employer Size Requirements

One of the most significant differences between the two laws is the size of the employer they apply to. This distinction determines whether you are covered in the first place.

CFRA

The California Family Rights Act is more inclusive, applying to private employers with five or more employees. This means that many employees at smaller companies in California are protected under CFRA.

FMLA

The federal FMLA has a much higher threshold. It applies only to employers with 50 or more employees within a 75-mile radius.

Because of this difference, the California Family Rights Act provides leave rights to a much larger group of employees across the state than its federal counterpart.

2. Definition of a Family Member

When you need to take leave to care for a loved one, who counts as a “family member” is critical. Here, CFRA again offers broader protections.

CFRA

The California Family Rights Act has an expanded definition of a family member. It allows employees to take leave to care for a:

  • Spouse
  • Registered domestic partner
  • Child (of any age)
  • Parent
  • Grandparent
  • Grandchild
  • Sibling

FMLA

The FMLA’s definition is more limited. It generally covers care for a:

  • Spouse
  • Child (under 18 or an adult child incapable of self-care) or minor dependent
  • Parent

This means a California employee could take CFRA leave to care for a sick sibling or grandparent, while the same situation would likely not be covered under FMLA.

3. Pregnancy-Related Leave

The way pregnancy disability is handled is another key area where the laws diverge, which can have a major impact on total leave time for new parents.

CFRA

Under the California Family Rights Act, leave for a pregnancy-related disability is treated separately from CFRA bonding leave. An employee can take up to four months of Pregnancy Disability Leave (PDL) and then take up to 12 weeks of CFRA leave to bond with their new child.

FMLA

FMLA does not distinguish pregnancy disability leave in the same way. An employer can require that an employee use their FMLA leave concurrently with their pregnancy disability leave. This means the time taken for pregnancy disability would reduce the available 12 weeks of FMLA leave.

This separation under California law can result in a longer total period of protected leave for employees dealing with pregnancy and childbirth.

4. Intermittent Leave Flexibility

Sometimes, you may not need to take leave in a single block. Both laws allow for intermittent or reduced schedule leave, but CFRA provides more flexibility.

CFRA

The California Family Rights Act generally allows an employee to take leave on a reduced or intermittent basis for the serious health condition of a family member or for the employee’s own serious health condition without needing employer approval.

FMLA

Under FMLA, employer approval is often required for intermittent or reduced-schedule leave, especially for baby bonding.

This makes CFRA more accommodating for employees who need to manage ongoing medical treatments or caregiving responsibilities while continuing to work part-time.

Understand Your Leave Rights

Knowing the differences between the California Family Rights Act and FMLA is essential for protecting your job and financial stability when you need to take time off. CFRA often provides more expansive rights, covering more employees and more family situations.

If you believe your employer has unlawfully denied your leave request or retaliated against you for taking leave, it’s important to seek legal advice. The attorneys at Glaser Labor Law are dedicated to defending the rights of California workers. Contact us for a consultation to discuss your case.

Glaser Labor Law
Glaser Labor Law

With deep roots in Southern California, Glaser Labor Law combines a focus on workplace rights with proven success in broader legal matters. Joel Glaser and his team bring decades of litigation experience to ensure every client receives strong, results-driven representation.