Your Leave Rights in California
Under California's CFRA and the federal FMLA, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for qualifying family or medical reasons. When a serious health condition, a new child, or a family member's illness requires you to take time away from work, California law provides strong protections to ensure you can do so without losing your job. Unfortunately, not all employers respect these rights. If your employer denied your leave request, retaliated against you for taking leave, or terminated you during or after an approved absence, you may have a legal claim.
Key Takeaways
- California's CFRA provides up to 12 weeks of unpaid, job-protected leave per year for qualifying family or medical reasons, and applies to employers with just five or more employees.
- CFRA covers a broader range of family members than federal FMLA, including domestic partners, grandparents, grandchildren, siblings, and one designated person per year.
- Pregnancy disability leave (PDL) is a separate entitlement of up to four months and does not reduce an employee's 12 weeks of CFRA leave, allowing significantly more total leave than FMLA alone.
- Employers must reinstate employees returning from CFRA or FMLA leave to the same or a comparable position with equivalent pay, benefits, and working conditions.
- Employees whose CFRA or FMLA rights are violated may recover lost wages, emotional distress damages, attorney fees, and in some cases punitive damages.
California employees benefit from overlapping state and federal leave protections that, taken together, provide some of the most comprehensive job-protected leave rights in the nation. The two primary frameworks are the California Family Rights Act (CFRA), codified at Government Code Sections 12945.1 and 12945.2, and the federal Family and Medical Leave Act (FMLA). In addition, the California Pregnancy Disability Leave (PDL) law provides separate protections for employees disabled by pregnancy, childbirth, or related conditions.
At Bluestone Law, our Los Angeles FMLA and CFRA lawyers represent employees whose leave rights have been violated. We understand how stressful it is to worry about your job while dealing with a health crisis or welcoming a new family member, and we are committed to holding employers accountable when they violate the law. Workers throughout Southern California and across the state trust our firm to protect their rights.
Who Is Eligible for Protected Leave Under CFRA?
To qualify for CFRA leave, an employee must work for an employer with five or more employees and must have worked for that employer for at least 12 months and at least 1,250 hours during the 12-month period before the leave begins. FMLA has a higher employer threshold, requiring 50 or more employees within 75 miles, which means many California employees are covered by CFRA even if they do not qualify for FMLA.
Eligible employees may take up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying reasons, including their own serious health condition, the serious health condition of a family member (including a spouse, domestic partner, child, parent, grandparent, grandchild, or sibling under CFRA), or the birth, adoption, or foster care placement of a child.
CFRA vs. FMLA: Key Differences
CFRA and FMLA share the same basic structure but differ in several important ways that typically favor California employees. Understanding these distinctions is critical to knowing the full scope of your rights.
Broader Employer Coverage Under CFRA
CFRA applies to employers with five or more employees, while FMLA requires 50 or more employees within a 75-mile radius. This means that tens of thousands of California employees at smaller companies have state-protected leave rights that they would not have under federal law alone.
What Family Members Are Covered Under CFRA?
CFRA allows leave to care for a broader range of family members than FMLA. In addition to a spouse, child, or parent (which FMLA covers), CFRA includes domestic partners, grandparents, grandchildren, siblings, and designated persons. A \"designated person\" is any individual related by blood or whose association with the employee is equivalent to a family relationship, and the employee can identify one designated person per 12-month period. FMLA does not recognize these additional categories.
How Does Pregnancy Disability Leave Work With CFRA?
Under federal law, FMLA leave for pregnancy-related disability counts against the employee's 12-week allotment. California treats pregnancy disability leave as a completely separate entitlement. Pregnancy disability leave under the PDL law (Government Code Section 12945) provides up to four months and does not reduce the employee's 12 weeks of CFRA leave. This means a California employee who is disabled by pregnancy can take up to four months of PDL followed by 12 weeks of CFRA leave to bond with her new child, for a combined total that significantly exceeds what FMLA alone would provide.
No Spousal Limitation
Under FMLA, if both spouses work for the same employer, they may be limited to a combined total of 12 weeks of leave for certain purposes like bonding with a new child. CFRA has no such limitation. Each spouse is entitled to their own full 12 weeks of leave.
Qualifying Exigency and Military Caregiver Leave
One area where FMLA provides coverage that CFRA does not is military-related leave. FMLA allows up to 12 weeks for qualifying exigencies related to a family member's military service and up to 26 weeks to care for a covered servicemember with a serious injury or illness. CFRA does not include equivalent provisions, so federal law fills this gap.
Common Leave Violations
Despite clear legal requirements, many California employers violate their employees' leave rights. These violations can be blatant or subtle, but they are always illegal. Below are the most common types of leave violations our attorneys encounter in Los Angeles and throughout California.
Denial of Leave
Some employers simply refuse to grant leave requests that meet all legal requirements. This may involve claiming the employee is not eligible when they are, misapplying the law's requirements, or pressuring the employee to withdraw their leave request. An employer who denies a valid CFRA or FMLA leave request has violated the law.
Retaliation for Taking Leave
Employers who punish employees for exercising their leave rights violate both CFRA and FEHA. This can take many forms, including termination, demotion, reduced hours, negative performance reviews, or loss of previously held job duties. Under CFRA, it is illegal for an employer to retaliate against an employee for requesting or taking protected leave. If your employer's attitude toward you shifted after you took leave, that change in treatment may be evidence of illegal retaliation.
Failure to Reinstate
Both CFRA and FMLA guarantee that when you return from approved leave, you are entitled to be reinstated to the same or a comparable position with equivalent pay, benefits, and working conditions. An employer who eliminates your position, demotes you, or assigns you to a substantially different role upon your return has violated your reinstatement rights. The employer bears the burden of proving that the position would have been eliminated regardless of your leave.
Interference with Leave
Some employers technically approve leave but interfere with it in practice. Examples include requiring you to work while on leave, calling or emailing you with work demands, counting leave against you in performance evaluations, or discouraging you from taking your full leave entitlement. Even counting CFRA-protected absences in an attendance point system constitutes illegal interference.
Failure to Maintain Benefits
During CFRA and FMLA leave, your employer is required to maintain your group health insurance coverage on the same terms as if you had continued working. Employers who drop your coverage, require you to pay the full premium, or fail to restore your benefits upon return are in violation of the law.
What to Do If Your Leave Rights Were Violated
If your employer denied your leave, retaliated against you for taking it, or failed to reinstate you, the following steps will help protect your legal rights.
Keep Records of Everything
Preserve all documents related to your leave request and your employer's response, including emails, letters, text messages, medical certifications, and human resources communications. If conversations took place verbally, write down what was said as soon as possible while the details are fresh. Note dates, times, and any witnesses.
Request Your Leave in Writing
If you have not yet taken leave, submit your request in writing through email or your company's leave management system. This creates a documented record of when you asked for leave and what you were told. If your employer verbally denied your request, follow up in writing to memorialize the denial.
Do Not Accept an Unlawful Denial Without Seeking Legal Advice
If your employer tells you that you are not eligible for leave or that your request is denied, do not simply accept that answer. Employers frequently misunderstand or misapply CFRA and FMLA requirements. An experienced California leave rights attorney can evaluate whether your employer's denial was lawful and advise you on the best course of action.
What Remedies Are Available for CFRA and FMLA Violations?
If your employer violated your CFRA or FMLA rights, you may be entitled to lost wages and benefits, compensation for emotional distress (under CFRA/FEHA), attorney's fees and costs, and in some cases, punitive damages if the employer acted with malice or reckless disregard for your rights. If you were wrongfully terminated for taking protected leave, additional remedies may apply.
Frequently Asked Questions
How many employees does my employer need to have for CFRA to apply?
CFRA applies to any employer with five or more employees, regardless of location. This is a significantly lower threshold than the federal FMLA, which requires 50 or more employees within a 75-mile radius. Because of this difference, many California workers at smaller companies have state-protected leave rights even when they do not qualify for federal leave.
Can my employer fire me for taking FMLA or CFRA leave?
No. It is illegal under both CFRA and FMLA to terminate, demote, or otherwise retaliate against an employee for requesting or taking protected leave. If you are fired during or shortly after protected leave, you may have a claim for wrongful termination, leave retaliation, or both. Contact an employment attorney promptly to preserve your rights.
Can I take pregnancy leave and CFRA bonding leave separately in California?
Yes. California Pregnancy Disability Leave (PDL) provides up to four months of leave for pregnancy-related disability, and it is entirely separate from CFRA leave. After PDL ends, an eligible employee can take an additional 12 weeks of CFRA leave to bond with her new child. This combined entitlement significantly exceeds the 12 weeks provided by federal FMLA alone.
What counts as a \"serious health condition\" under CFRA?
A serious health condition under CFRA is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. This includes conditions requiring hospitalization, chronic conditions like asthma or diabetes that require periodic treatment, pregnancy, and conditions requiring multiple treatments such as chemotherapy or physical therapy.
Does my employer have to keep my health insurance while I am on CFRA leave?
Yes. During CFRA or FMLA leave, your employer is legally required to maintain your group health insurance coverage on the same terms and conditions as if you had continued working. If your employer drops your coverage, changes your plan, or requires you to pay the full premium during leave, that is a violation of the law.
If your employer violated your family or medical leave rights, contact Bluestone Law today for a free, confidential consultation. Call us at (310) 363-0975 or fill out our online contact form. Our California FMLA and CFRA lawyers will review your situation, explain your legal options, and fight to protect your right to care for yourself and your family without sacrificing your career.