If you work in California and need time off for family or medical reasons, you may be protected under both federal law (FMLA) and California law (CFRA). These laws work together, and understanding how they interact is essential for both employees and employers. In 2026, the rules have evolved, and clarity is more important than ever.
What Is FMLA?
Federal Law Basics
The Family and Medical Leave Act (FMLA) is federal legislation that requires covered employers to provide eligible employees with unpaid, job-protected leave for specified family and medical reasons. FMLA is administered by the U.S. Department of Labor and applies to private employers, public agencies, and schools.
FMLA Eligibility Requirements
To be eligible for FMLA protection, you must:
- Work for a covered employer (50+ employees within 75 miles)
- Have been employed for at least 12 months
- Have worked at least 1,250 hours in the past 12 months
- Work at a location where the employer has at least 50 employees within 75 miles
What Is CFRA?
California State Law
The California Family Rights Act (CFRA) is California's equivalent to FMLA. CFRA often provides more generous protections than FMLA and applies in situations FMLA doesn't cover. CFRA is enforced by the California Labor Commissioner and the Department of Fair Employment and Housing.
CFRA Eligibility Requirements
CFRA eligibility is broader than FMLA in important ways:
- Work for a covered employer (5+ employees, down from 50 for FMLA)
- Have been employed for at least 12 months
- Have worked at least 1,250 hours in the past 12 months
- Or: For pregnancy disability leave, only 5+ employee requirement (no hour requirement)
Key Differences Between FMLA and CFRA
| Feature | FMLA | CFRA |
|---|---|---|
| Employer Size | 50+ employees | 5+ employees |
| Leave Per Year | 12 weeks (unpaid) | 12 weeks (unpaid, but may qualify for paid leave) |
| Pregnancy Disability | Not covered under FMLA | Covered (4 months) |
| Paid Leave | Unpaid only | May use accrued sick leave or PTO |
| Same-Sex Partners | Limited coverage for unmarried partners | Expanded coverage for domestic partners |
| Caregiver Leave | Parent, spouse, child only | Includes grandparents, grandchildren, siblings, parents-in-law |
| Organ/Tissue Donation | Not covered | Covered under CFRA |
Covered Conditions
Both FMLA and CFRA Cover
- Serious health condition: Own illness requiring ongoing treatment
- Child's serious health condition: Newborn, adopted, or foster care
- Parent's serious health condition: Care for aging parent
- Spouse's serious health condition: Care for spouse
- Qualifying exigency: Military service-related needs
- Military caregiver leave: Care for covered veteran
CFRA Covers But FMLA Doesn't
- Pregnancy disability leave: Physical condition related to pregnancy, childbirth, or related conditions
- Organ/tissue donation: Leave for bone marrow or organ donation
- Expanded family caregiver: Grandparents, grandchildren, siblings, parents-in-law, and domestic partners
- Bereavement leave: Death of a family member (limited, 5 days per employer)
How FMLA and CFRA Work Together (Concurrent Leave)
Concurrent Leave Principle
In California, when an employee qualifies for both FMLA and CFRA, the leave runs concurrently. This means:
- The employee can take up to 12 weeks of leave
- That same 12 weeks counts toward both FMLA and CFRA entitlements
- The employee doesn't get 12 weeks PLUS 12 weeks (24 weeks total)
- Once the 12 weeks is exhausted, both FMLA and CFRA leave are used up
Pregnancy Disability Leave (Special Case)
Pregnancy disability leave is treated separately in California:
- Employees get up to 4 months of pregnancy disability leave
- This runs separately from the 12-week FMLA/CFRA entitlement
- After pregnancy disability leave ends, employees may qualify for CFRA family bonding leave (12 weeks)
- Employers must accommodate this total leave without combining calendars
Employer Obligations
Notification and Information
Employers must:
- Provide written notice of leave rights and responsibilities in the employee handbook
- Inform employees of their eligibility for FMLA/CFRA upon hire and when a qualifying event occurs
- Clearly explain how to request leave and what information is needed
- Maintain records of leave taken and remaining entitlement
Medical Certification
Employers may require medical certification for serious health conditions. In 2026, the requirements are:
- Certification must be in a standard Department of Labor or California format
- Employees must have at least 7 calendar days to provide certification
- Employers must pay for third-party medical opinions to verify certification
- Employers can request recertification, but not more than once per year for ongoing conditions
Job Restoration
Employers must:
- Restore employees to the same or an equivalent position when leave ends
- Maintain group health insurance during the leave period under the same terms
- Not count the leave period against tenure, seniority, or benefits accrual (unless employer policy already does)
Retaliation Protections (2026 Updates)
Prohibited Retaliation
Employers cannot retaliate against employees for:
- Taking FMLA or CFRA leave
- Requesting leave or asking about eligibility
- Providing medical certification
- Opposing leave policies or practices
- Filing complaints about leave violations
2026 Retaliation Protections Enhancement
In 2026, retaliation protections have been strengthened. Courts now recognize that:
- Negative performance reviews shortly after returning from leave suggest retaliation
- Termination within months of leave return creates retaliation presumptions
- Excluding returning employees from opportunities available to others suggests retaliation
- Changing job duties without legitimate business reason upon return indicates retaliation
Filing Complaints
FMLA Enforcement
FMLA is enforced by the U.S. Department of Labor's Wage and Hour Division. Employees may also have the option to pursue private lawsuits seeking damages, attorney fees, and injunctive relief. FMLA claims generally have a 2-year statute of limitations (3 years for willful violations). An employment attorney can help evaluate available options.
CFRA Enforcement
CFRA is enforced through the California Labor Commissioner and through private lawsuits. Employees who believe their CFRA rights were violated may wish to consult with an employment attorney to understand what options may be available. CFRA administrative complaints generally must be filed within 1 year.
Retaliation for Taking Leave
Retaliation for exercising leave rights may give rise to additional legal claims beyond the leave violation itself. Mediation may provide faster resolution of retaliation disputes. An employment attorney can help evaluate the full scope of potential claims.
Practical Guidance for Employees
Know Your Rights
- Request a copy of your employer's FMLA/CFRA policies
- Understand your eligibility and entitlements
- Know how much leave you have remaining
Request Leave Properly
- Provide written notice when possible
- Give your employer medical certification if required
- Keep copies of all leave-related communications
Document and Monitor
- Track leave used and remaining entitlement
- Document job duties and performance before, during, and after leave
- Note any suspicious changes in treatment upon return
Summary
FMLA and CFRA work together to provide California employees with substantial family and medical leave protections. CFRA is typically more generous, covering smaller employers and additional situations. When both laws apply, leave runs concurrently, meaning employees get up to 12 weeks of protected leave that counts toward both entitlements. Employers must maintain job security, health insurance, and cannot retaliate for requesting or taking leave.
Understanding the difference between these laws helps you maximize your protections. If your employer denies leave you believe you're entitled to, or if you experience retaliation upon return, you have clear legal remedies available.