Taking care of a child, a loved one, or your own health should never jeopardize your career. Yet thousands of Californians still lose pay, benefits, or even their jobs when they ask for legally protected time off. This 2025 guide explains the California Family Rights Act (CFRA), highlights every recent legislative update, and walks you through the exact steps Kingsley Szamet Employment Lawyers use to protect workers statewide.

What Is the California Family Rights Act (CFRA)?

Key protections and scope in 2025

CFRA is California's premier family and medical leave statute, codified at Government Code § 12945.2. It guarantees qualified workers up to twelve weeks of unpaid, job‑protected leave in any twelve‑month period to:

• Bond with a newborn, adopted child, or foster placement.
• Care for a family member—or a designated person—who has a serious health condition.
• Recover from the employee's own serious health condition when the condition renders them unable to perform essential job duties.

Unlike the federal Family and Medical Leave Act (FMLA), CFRA now covers employers with as few as five California employees and has no 75‑mile geographic limitation. During leave, employees keep group health insurance on the same terms as active workers, retain seniority, and must be reinstated to the identical or a substantially similar position. Interference or retaliation exposes the company to back pay, emotional distress damages, civil penalties, and attorney fees.

SB 1383's expansion to five‑employee workplaces

Before 2021, only businesses with fifty or more employees within a 75‑mile radius had to honor family leave. Senate Bill 1383 abolished that threshold, extending protections to mom‑and‑pop shops, start‑ups, and remote teams. The result is simple: if your employer has at least five California workers—full time, part time, or temporary—CFRA applies. Employers that ignore SB 1383 face litigation, CRD investigations, and reputational harm.

Employer takeaway: Update handbooks, train supervisors, and put a CFRA coordinator in place. Small businesses can no longer rely on size as an excuse.

2023–2025 Updates You Must Know

AB 1041 – “Designated Person” leave (effective January 1 2023)

Assembly Bill 1041 reflects modern families. Employees may now use CFRA leave to care for a designated person—anyone related by blood or whose relationship is “the equivalent of a family relationship.” Each worker can identify one designated person per twelve‑month period. Employers may:

• Require the designation in writing when leave is first requested.
• Limit the choice to one individual each leave year.

How to designate properly:

1. Download CRD Form DP‑1 or draft a simple memo stating:
   “I, [Employee Name], designate [Person's Name], my [relationship], as my designated person for CFRA leave during the 2025 leave year.”
2. Date and sign the document.
3. Submit to HR and keep a copy. Email submission creates a digital timestamp that prevents later disputes.

AB 1033 – Small‑Employer Family Leave Mediation Program

AB 1033 expanded the CRD's free mediation option to employers with five to nineteen workers. Either party may request mediation within thirty days after a CRD complaint is filed. Mediation is confidential, typically concludes in one day, and can cap exposure for small businesses while giving employees speedy compensation. Workers who prefer litigation may decline; employers that miss the thirty‑day window lose the option.

Pending 2025 bills to watch

• SB 1124 would add legal guardianship to automatic bonding leave, streamlining paperwork for kinship caregivers.
• AB 887 proposes electronic posting requirements so remote employees cannot miss CFRA notices and would impose daily fines up to $25 per employee for non‑compliance.

Kingsley Szamet Employment Lawyers tracks every legislative session and will update this page within 24 hours of any bill becoming law.

Who Is Eligible for CFRA Leave?

Hours‑worked and twelve‑month rules

An employee qualifies if the person has:

• Twelve months of service with the employer (can be non‑consecutive).
• 1,250 hours worked in the twelve months immediately preceding leave. This equals about 24 hours per week over a year.

Seasonal workers may meet the twelve‑month rule by stacking prior service. Gig workers placed repeatedly at the same company through a staffing agency often qualify once their combined hours hit 1,250.

Remote‑work and the 75‑mile radius (post‑pandemic nuance)

CFRA ignores geographic distance. If a California employer has five workers—on site or remote—CFRA applies. FMLA still counts employees within 75 miles, so a remote worker could be covered by CFRA but not by FMLA. Hybrid employees often receive both protections.

Real‑world example: Lola lives in Fresno and works from home for an Orange County biotech firm with six California employees and thirty remote engineers scattered nationwide. CFRA covers Lola because statewide headcount is over five. FMLA may not, depending on where co‑workers sit. Lola therefore receives job‑protected leave under state law even if federal coverage is absent.

Employer Obligations & Common Violations

Notice, posting, continued benefits, reinstatement

Employers must:

1. Post the bilingual CRD CFRA notice in break rooms and on intranet dashboards.
2. Respond in writing within five business days of any CFRA request, indicating approval, denial, or need for additional information.
3. Maintain group health insurance at the same premium contribution rate.
4. Track leave accurately without mislabeling time off as unexcused absences.
5. Reinstate the employee to the identical or a truly comparable job, including shift, location, and promotion pipeline.

Employer compliance checklist (downloadable)

• Handbook updated for SB 1383 and AB 1041.
• CFRA coordinator assigned and trained.
• Leave request forms and medical certification templates saved on HR drive.
• Electronic posting verified for remote staff each quarter.
• Small‑Employer Mediation notice added to onboarding packet.

Interference vs. retaliation examples

Interference: Denying leave because “we are understaffed,” insisting an employee work from the hospital, or requiring a doctor's note more often than every thirty days.

Retaliation: Issuing written warnings for minor errors, eliminating remote privileges, or placing an employee on a performance improvement plan immediately after a leave request.

Case spotlight: In Ruiz v. RSCR California Inc. (2023) the court found both interference and retaliation when management denied bonding leave, then fired the caregiver eight days later. The dual findings doubled potential damages.

CFRA vs. FMLA vs. NPLA vs. PDL

Need the federal angle? See our FMLA attorney guide.

Key Feature	CFRA (CA)	FMLA (Federal)	NPLA	PDL
Employer coverage	5+ employees	50+ within 75 miles	20+ employees	5+ employees
Leave length	12 weeks	12 weeks	12 weeks bonding	Up to 4 months disability
Family members covered	Includes designated person	Immediate family only	Child bonding	N/A
Remote worker impact	No 75‑mile rule	75‑mile rule applies	Follows FMLA	N/A
Job reinstatement	Yes	Yes	Yes	Yes if medically cleared

Step‑by‑Step Guide to Filing a CFRA Claim

Documentation & medical certification

Strong evidence short‑circuits employer excuses. Gather:

1. Leave request email or form—state reason, expected start and return dates.
2. Physician or therapist certification—use CRD Form CFRA‑100 or equivalent. Submit within fifteen days unless impossible due to extenuating circumstances.
3. Employer's written response—approval, denial, or request for information.
4. Pay stubs, timesheets, schedules—prove hours worked and lost wages.
5. Notes of conversations—document who said what and when.

Timeline and statute of limitations

• Day 0 – Request filed: Clock starts.
• Day 5 – Employer response deadline: Must approve, deny, or ask for more data.
• During leave: Employer may verify medical need no more than every thirty days for ongoing conditions.
• Violation occurs: Three‑year window opens to file a CRD complaint.
• Within three years: File complaint and request right‑to‑sue.
• Within one year of right‑to‑sue: File civil lawsuit.

How our attorneys build a case

At Kingsley Szamet Employment Lawyers we:

1. Conduct a confidential interview and timeline reconstruction.
2. Secure employment records through a preservation letter.
3. Analyze overlap with wrongful termination, retaliation, or wage violations.
4. File a CRD complaint and invoke mediation when strategic.
5. Pursue settlement or litigate to verdict. We prepare every file for trial so employer defense counsel knows lowball offers will fail.

Remedies, Damages, and Recent Verdicts

Reinstatement, back pay, emotional distress, punitive damages

Prevailing employees can recover:

• Reinstatement or front pay when reinstatement is impractical.
• Back wages and lost bonuses from the date of violation to trial.
• Value of lost benefits such as 401(k) matching, stock grants, or health premiums.
• Out‑of‑pocket expenses like COBRA coverage, travel for interviews, or therapy costs.
• Emotional distress damages for anxiety, depression, and reputational harm.
• Punitive damages where the employer acted with oppression, fraud, or malice.
• Attorney fees and litigation costs so you keep the entire award.

Why Hire Kingsley Szamet Employment Lawyers?

Thirty‑plus years of employee‑side advocacy

Since 1981 our lawyers have devoted their practice to employees, not corporations. Judges and arbitrators respect our trial readiness; defense firms know our history of eight‑figure verdicts. Media outlets often quote us on CFRA and pregnancy discrimination trends. We speak Spanish and offer free educational webinars to community groups throughout Los Angeles County.

No‑win, no‑fee promise

You pay nothing upfront. We advance all costs and receive our fee only if we secure compensation for you.

Client‑first philosophy

• Transparent communication: Clients receive case updates at least every thirty days.
• Holistic support: We connect clients with mental‑health providers, financial planners, and vocational experts.
• Strategic partnerships: When claims involve ERISA, workers' compensation, or disability retirement, we co‑counsel with specialists at no additional fee to the client.

CFRA Frequently Asked Questions

Get Help Today

Hablamos Español. Call 818‑990‑8300 or complete our free case review form. A Kingsley Szamet Employment Lawyers attorney will respond within one business day.