Whether you’re welcoming a new baby into your family or you’ve recently been diagnosed with a chronic illness, there are plenty of reasons why your life may require you to take time off from work. Programs like FMLA exist to ensure that American employees can take leave from their jobs to address serious life events, particularly health-related issues, but workers in California have extra protections.
The California Family Rights Act (CFRA) provides the flexibility to take family or medical leave when life demands it most. For both employees and employers, understanding CFRA rights is vital — employees can make informed decisions about their rights, and employers can protect themselves from legal issues by adhering to regulations. This article answers your pressing questions and lays out a complete guide to CFRA so you can confidently navigate family leave.
What is the California Family Rights Act (CFRA)?
The California Family Rights Act (CFRA) is a state law enacted in 1993 that guarantees employees the right to family and medical leave. With it, employees can take up to 12 weeks of unpaid, job-protected leave within 12 months for specific medical reasons.
While similar to the federal Family and Medical Leave Act (FMLA), CFRA offers additional protections tailored to California workers. For example, FMLA only allows employees to leave to care for immediate family members, while CFRA also extends this definition to other family members. In addition, CFRA protects leave for medical needs that FMLA may exclude. These expanded protections make CFRA a more inclusive and supportive option for California employees navigating family and medical needs.
CFRA vs. FMLA: What’s the Difference?
While both programs provide job-protected family and medical leave, their eligibility, coverage, and benefits differ in the following ways.
- Eligibility: FMLA generally applies to employers with 50 or more employees within a 75-mile radius, whereas CFRA applies to California employers with five or more employees.
- Coverage: CFRA and FMLA both allow leave for the birth or adoption of a child, tending to a health condition, or caring for an ill family member. However, CFRA includes leave to care for a domestic partner, grandparent, grandchild, and sibling, while FMLA does not.
- Benefits: CFRA does not provide paid leave but does protect an employee’s job and benefits during the leave period. While FMLA offers similar protections, CFRA’s expanded eligibility requirements mean more California employees can take protected leave. CFRA also does not cover leave for an employee’s pregnancy-related conditions, as this falls under the state’s Pregnancy Disability Leave (PDL). In contrast, FMLA does include pregnancy as a qualifying health condition.
In some instances, both CFRA and FMLA may apply simultaneously. For example, an employee caring for a seriously ill parent could qualify for leave under both laws. When both apply, the leave generally runs concurrently, meaning the time off counts against the 12-week allowance under each law. However, in cases where CFRA offers broader protections—such as caring for a domestic partner—CFRA alone would apply if the leave reason is not covered under FMLA.
Who is Eligible for CFRA Leave?
To qualify for CFRA leave, employees must meet specific criteria:
- Employer size: CFRA applies to employers with five or more employees. This includes private and public employers, unlike the federal FMLA, which typically only applies to bigger businesses with 50 or more employees.
- Length of employment: Eligible employees must have been employed by their current employer for at least 12 months or work at least 1,250 hours before requesting CFRA leave. These requirements ensure that CFRA benefits are available to employees who have established a tenure and consistent work hours with their employer.
These eligibility requirements help ensure that CFRA leave is given to employees with a demonstrated commitment to their organization.
Qualifying Reasons for Taking CFRA Leave
Under CFRA, employees may take leave for various family or medical reasons, including:
- Birth of a child: Employees can take leave to bond with a newborn within the first year of birth.
- Adoption or foster care placement: CFRA leave is permitted for employees welcoming an adopted child or a child placed through foster care into their family.
- Health of a family member: CFRA allows employees to take leave to care for a spouse, domestic partner, child, parent, grandparent, grandchild, or sibling facing a serious health condition.
- Employee’s health condition: Employees can also take leave due to physical or mental illnesses requiring them to recover without working.
These qualifying reasons under CFRA allow employees to address critical family and health needs without the risk of job loss.
How Much Leave Can You Take Under CFRA?
Employees who use CFRA can use their leave either all at once or intermittently, depending on their needs and the reason for leave. For instance, employees may choose to use their leave consecutively for events like the birth or adoption of a child or take it in shorter increments to manage ongoing medical treatments or caregiving responsibilities.
The flexibility in how CFRA leave can be used ensures employees can address family and health needs in a way that best suits their circumstances without compromising job security.
How to Apply for CFRA Leave
Applying for CFRA leave involves a few essential steps to ensure eligibility, proper documentation, and clear communication with your employer.
- Notify your employer: Start by informing your employer about your intention to take CFRA leave. Provide at least 30 days’ notice if the leave is foreseeable (e.g., planned medical treatments or childbirth). For unexpected events, notify your employer as soon as practicable.
- Submit required documentation: Your employer may ask for documentation to support your request, such as a medical certification from a healthcare provider. This documentation should confirm the need for leave and the anticipated duration. Be sure to submit any paperwork promptly to avoid delays.
- Coordinate leave timing: Discuss with your employer how you plan to use your CFRA leave. Depending on your needs and the nature of the leave, you may take your leave in one continuous period or increments.
- Keep communication open: During your leave, maintain open lines of communication with your employer. Provide updates on any changes to your leave duration or expected return date, if applicable.
Adhering to these steps can create an open line of communication with your employer, making your CFRA leave all the more fruitful.
What to Expect After Applying
Once you submit your CFRA leave request, your employer must respond within five business days, either approving or providing reasons why they might deny it. Employers can lawfully deny CFRA leave if the employee doesn’t meet eligibility criteria (e.g., tenure or hours worked), the business has fewer than five employees, the leave reason isn’t CFRA-approved, or the required documentation is insufficient.
If your leave is granted, your job is protected, meaning you can return to the same or a comparable role without risk of retaliation. Additionally, you’ll continue receiving health benefits under the same terms as when you were working, although you may need to arrange with your employer to cover any required premium payments.
CFRA Employer Requirements and Responsibilities
Employers must respond to leave requests within five business days of receiving the application, either confirming approval or requesting additional information. Employers are also responsible for ensuring that employees can return to the same or a comparable position without facing any form of retaliation.
Employers must continue providing health insurance and other group benefits under the same terms as if the employee were actively working. If employees contribute to their health plan, employers should coordinate premium payments during the leave to ensure seamless coverage. Finally, employers should maintain accurate records of leave requests, documentation, and communications to demonstrate compliance with CFRA requirements.
Penalties for Non-Compliance
Employers who fail to comply with CFRA regulations may face significant legal and financial consequences. Non-compliance can lead to claims for back pay, lost benefits, and other damages. In addition, employers may be required to reinstate wrongfully terminated employees or pay for their legal fees and costs if the employee successfully proves a CFRA violation. Compliance with CFRA avoids these penalties and fosters a respectful, fair, and legally sound workplace for all employees.
Understanding your rights under the California Family Rights Act (CFRA) can empower you to care for your responsibilities, knowing that your job and benefits are protected. Legal assistance can provide clarity and protection if you have questions about your CFRA rights or believe your employer may not be fully compliant. Visit Request Legal Help to connect with experienced employment attorneys who can protect your rights and guide you through applying for CFRA leave.
FAQs About CFRA
Can CFRA Leave Be Taken Intermittently?
Yes, CFRA leave can be taken intermittently or on a reduced schedule if medically necessary or agreed upon by the employer. For example, you can use CFRA leave for medical appointments, ongoing treatments, or intermittent care for a family member. Employees should communicate their needs clearly with their employer and provide proper documentation to support the intermittent leave request.
Does CFRA Leave Provide Paid Time Off?
CFRA leave is generally unpaid, meaning employers are not required to pay wages during the leave period. Employees who want to receive pay can use accrued sick days, vacation time, or other available paid leave options to receive pay during their CFRA leave. Employees may also qualify for benefits like State Disability Insurance (SDI) or Paid Family Leave (PFL) through California’s state programs, which can provide partial wage replacement.
Do Employers Have to Maintain Health Benefits During CFRA Leave?
Yes, employers must maintain the employee’s health insurance benefits under the same conditions as if the employee were still working. This includes maintaining employer contributions to the employee’s health insurance premiums. However, employees are responsible for continuing to pay their share of health insurance premiums, just as they would if they were working.
Can an Employer Deny a CFRA Leave Request?
Employers can only deny CFRA leave if the employee does not meet eligibility requirements or the reason for leave does not qualify under CFRA. Employers cannot deny leave based on operational needs or business inconvenience. Employees who believe their CFRA rights have been violated may seek legal recourse, including filing a complaint with the California Department of Fair Employment and Housing (DFEH).
Will My Job Be Protected While I’m on CFRA Leave?
Yes, CFRA provides job protection. Employers must be able to provide you with the same or similar position once you return from your leave of absence. However, this protection does not apply if your job would have been eliminated or significantly changed for reasons unrelated to your CFRA leave, such as company restructuring or layoffs.
Can CFRA Leave Be Used for Pregnancy-Related Conditions?
Yes, CFRA can be used for pregnancy-related conditions and bonding with a new child after childbirth. However, it’s important to note that CFRA leave usually begins after any Pregnancy Disability Leave (PDL) is used. PDL covers pregnancy-related conditions, and once PDL is exhausted, CFRA can be used for bonding time with the newborn, allowing up to 12 additional weeks of protected leave.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
