What Are FMLA and CFRA?

FMLA (Federal): Provides eligible employees of large employers (50+ employees) with up to 12 weeks of unpaid, job-protected leave for serious health conditions, family care, or bonding with a new child.

CFRA (California): Applies to employers with 5 or more employees and provides similar leave protections. CFRA also covers a broader range of family members and does not include pregnancy disability, which is covered separately under California’s Pregnancy Disability Leave (PDL) law.

Key Differences Between CFRA and FMLA

Employer Coverage: FMLA applies to employers with 50 or more employees within a 75-mile radius, while CFRA applies to businesses with just 5 or more employees statewide.

Employee Eligibility: Both laws require employees to have worked for the employer at least 12 months and 1,250 hours to qualify for leave.

Leave Entitlement: Both provide up to 12 weeks of unpaid, job-protected leave.

Family Members Covered: FMLA limits leave to a spouse, parent, or child. CFRA covers all FMLA family members and also includes registered domestic partners, grandparents, grandchildren, siblings, and adult children.

Pregnancy Disability: FMLA includes pregnancy-related leave, whereas CFRA excludes it. Pregnancy leave is covered separately under PDL in California.

Expansion to Smaller Employers

One of CFRA’s most important updates is coverage for smaller employers. Unlike FMLA, which applies only to employers with 50 or more employees, CFRA applies to businesses with just 5 employees. This expansion means many California small businesses must now comply with state leave laws even if they aren’t subject to FMLA.

Implications for Employers:

•Small and mid-sized businesses must develop leave policies compliant with CFRA.

•Employee eligibility, tracking, and notice requirements must align with state law.

•Employers should update handbooks and HR practices to reflect CFRA coverage.

Broader Family Definitions Under CFRA

CFRA provides employees with leave rights to care for a wider range of family members than FMLA, including:

•Registered domestic partners

•Grandparents and grandchildren

•Siblings

•Children of any age

This broader definition allows employees to take leave for relationships not covered by federal law, which is particularly important for California’s diverse workforce.

Pregnancy and Medical Leave

CFRA does not cover pregnancy-related disabilities. Employees experiencing pregnancy-related medical conditions are protected under Pregnancy Disability Leave (PDL) for up to four months. After PDL ends, employees may take CFRA leave for bonding with a newborn, providing additional job-protected leave. FMLA combines pregnancy and bonding leave into a single 12-week entitlement, which can result in shorter leave protections than CFRA plus PDL in California.

Compliance Best Practices

To comply with CFRA and FMLA:

•Update employee handbooks and policies to reflect state and federal law.

•Train managers on eligibility, leave types, and notification procedures.

•Track leave accurately and coordinate overlapping leave laws.

•Consult HR professionals for complex scenarios.

Common mistakes include assuming CFRA mirrors FMLA, denying leave for extended family members, and ignoring coverage for small businesses.

Final Thoughts

CFRA enhances employee protections in California by expanding coverage to smaller employers and including more family members. Employers must understand both CFRA and FMLA to remain compliant, protect employees’ rights, and minimize risk.

For small to mid-sized California businesses, updating leave policies and HR practices to align with CFRA is critical. Properly implemented, these policies support employee well-being while reducing exposure to legal issues.