Understanding employment law, especially in California, can be challenging. Employees often face confusion when trying to determine the protections they are entitled to under both federal and state law.

This article offers a clear and thorough comparison of the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Knowing the differences between these laws is crucial for making informed decisions about your leave options, allowing you to balance personal and work obligations effectively.

With this knowledge, you'll be better prepared to manage your time off and protect your rights as an employee.

Table of Contents:

• Key Distinctions Between Federal FMLA and California's CFRA
  • Employer Coverage: Who's Required to Provide These Leave Benefits?
  • Reasons for Leave: FMLA vs. CFRA
  • CFRA Leave for Your Own Serious Health Condition and Other Situations
  • Taking FMLA and CFRA Leave
  • Eligibility Requirements
  • Notice Requirements: What Your Employer Needs to Know
  • Documentation: Medical Certification May Be Needed
  • Job Protection and Benefits During FMLA and CFRA
  • Paid or Unpaid:
  • Continuation of Health Benefits During Leave
  • Intermittent or Reduced Schedule Leave
• FAQs about FMLA vs. California Family Rights Act: Know the Differences
  • FAQ 1: Is the family rights Act the same as the FMLA in California?
  • FAQ 2: What is the difference between FMLA and PFL California?
  • FAQ 3: Do you have to use FMLA and CFRA at the same time?
  • FAQ 4: What are the Know Your rights family leave laws in California?
• Conclusion

Key Distinctions Between Federal FMLA and California's CFRA

Let's clarify the difference between FMLA and the California Family Rights Act. The Family and Medical Leave Act (FMLA) is a federal law affecting employees across the US. It grants eligible employees up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons, like caring for a newborn or dealing with a severe health condition.

The California Family Rights Act (CFRA) mirrors the FMLA but comes with its own set of rules specific to California.

Employer Coverage: Who's Required to Provide These Leave Benefits?

The FMLA and CFRA have different requirements for employer coverage. The FMLA covers employers with 50 or more employees within a 75-mile radius. CFRA, however, applies to employers with five or more employees, making it accessible to those working for smaller companies in California.

This means more California workers are likely covered by CFRA than FMLA, purely based on the size of their employers. Here's a more detailed look at the specifics of CFRA coverage directly employ 5 or more.

Reasons for Leave: FMLA vs. CFRA

Both acts allow for leave for similar reasons, like family care and medical reasons. Those can include welcoming a new child into your family (birth, adoption, or foster care placement), tending to a family member's serious health condition (spouse, child, or parent), or taking time off for your own serious health issues.

This could be an illness, injury, or mental health condition making it impossible to work. But there are a couple of important differences between the two when it comes to serious health conditions, military service, and caring for a domestic partner or designated person. These distinctions can make a big difference for those seeking leave, so understanding these finer points is important.

Pregnancy as a "Serious Health Condition"

When comparing FMLA and the California Family Rights Act it's clear they treat pregnancy-related leave differently. FMLA covers pregnancy itself as a "serious health condition.” California, on the other hand, treats pregnancy differently under CFRA.

CFRA doesn't view pregnancy alone as a "serious health condition" requiring leave. California has a separate provision: Pregnancy Disability Leave (PDL), which provides up to four months of leave duration to cover pregnancy, childbirth, and related medical conditions. Under FMLA, an employee may be entitled to take the full 12 weeks for the birth of their child and then an additional 12 weeks for their own serious health condition.

It's important to understand this distinction. This can impact how your leave is classified and the total time you're entitled to take. For specific details regarding CFRA and pregnancy-related leave refer to the California Code of Regulations.

Leave for a Registered Domestic Partner

Another point to consider when comparing FMLA with the California Family Rights Act is how each act views a "family member". CFRA acknowledges registered domestic partners on par with spouses, providing them the same leave rights to care for their partner or the partner's family member. This is not always the case with FMLA. With FMLA coverage may be trickier.

Consult with an FMLA attorney to be sure.

Leave for a "Designated Person"

One distinctive aspect of CFRA is its provision for leave to care for a "designated person." CFRA lets employees choose one person (who doesn't have to be related) to use their protected leave.

This person is then considered your family for CFRA purposes for one 12-month period. But be aware that employers have the right to limit employees to using CFRA leave to care for one designated person per 12-month period. In contrast, the FMLA has no such provision, and you are only able to designate someone for military family leave purposes. This designated person allowance highlights how CFRA often provides broader protection than federal FMLA.

"Qualifying Exigency" Leave

When examining FMLA vs. the California Family Rights Act, military families will want to pay close attention. The FMLA grants up to 12 weeks of leave for a "qualifying exigency.”

This refers to situations arising from a family member's active military duty (spouse, child, or parent) called to active duty in support of a contingency operation. These qualifying exigencies don't fall under CFRA. However, CFRA offers job-protected leave if your spouse, child, or parent is on active military duty and requires care due to a serious health condition. For those facing these circumstances, carefully reviewing the specifics of each act, and even seeking legal guidance, is vital for ensuring all your rights are protected. Understanding how each law, state and federal, applies to your situation, will help you feel confident that you are receiving all of your entitled benefits.

CFRA Leave for Your Own Serious Health Condition and Other Situations

When it comes to understanding FMLA vs. California Family Rights Act, California has extra layers of protection, including California's Paid Family Leave (PFL). This state law steps in to bridge the gap when facing situations such as needing time off for your own serious health issue, welcoming a new child into your family, or caring for a seriously ill family member.

This provides partial wage replacement for up to eight weeks, making it possible to take time away from work to attend to personal or family needs. California PFL is funded entirely by employee payroll contributions and is administered by the state's Employment Development Department (EDD). Additional helpful information for filing a claim, eligibility requirements and answers to common questions are available in their publication here. Navigating a “serious health condition” and trying to figure out whether you are eligible for any of the benefits provided by CFRA or FMLA can feel overwhelming, but understanding what these conditions cover is important. This can come in handy for an FMLA settlement later on.

What Qualifies as a “Serious Health Condition”?

A “serious health condition,” for the purposes of these acts is broadly defined as an illness, injury, impairment, or physical or mental condition that involves either inpatient care (a stay overnight or longer in a hospital or other treatment facility), or requires continuing treatment by a health care provider. A “serious health condition” can be wide-ranging and covers several areas, including:

• Conditions Requiring Inpatient Care: This covers any time you're admitted to a hospital or similar facility for treatment. Think surgery, serious infections, or heart conditions, requiring overnight or longer hospital stay would fall under this category. For a deeper understanding of what constitutes as "inpatient care," take a look at the information in the glossary found here.
• Conditions Requiring Absence From Work: This includes illnesses that, while not requiring hospitalization, leave you unable to perform your work duties for an extended period (more than three consecutive days). The flu, for instance, may qualify if it confines you to bed with fever, body aches, and fatigue, leaving you unable to fulfill work obligations. But for it to qualify as a “serious health condition”, it has to require ongoing treatment, such as visits to your physician for monitoring, diagnosis, and follow-up.
• Chronic or Long-Term Health Conditions: These conditions require continuous medical supervision, even if they don't always require hospital stays. Chronic conditions such as diabetes, asthma, or epilepsy would fall under this classification, given their long-term nature. And while CFRA does cover time needed to obtain a medical diagnosis of a serious health condition, it does not include “cosmetic treatments”, like plastic surgery, unless that surgery is necessary due to complications from an injury or an accident. Similarly, preventative physical exams or routine checkups would not meet the "serious health conditions" criteria. Mental health conditions are also covered, with both FMLA and CFRA allowing leave to address these concerns.

Mental Health

Employees facing conditions like severe anxiety, depression, bipolar disorder, or post-traumatic stress disorder, may qualify. Both FMLA and CFRA recognize that mental health is crucial to overall health. Treatment might include therapy, medication management, or even inpatient psychiatric care, all covered under the acts.

Taking FMLA and CFRA Leave

So, you've explored FMLA vs. California Family Rights Act, and you understand which act covers you. What happens next?

Eligibility Requirements

To be eligible for FMLA, you need to meet specific criteria.

• Work for a Covered Employer: Your company must have at least 50 employees within 75 miles of your work location. For specifics on employers covered under FMLA guidelines, visit this Code of Federal Regulations.
• Length of Employment: Have you worked for your employer for at least 12 months? It doesn't have to be consecutive. But, if you leave and return within a year, and your combined previous employment, plus your current period of employment is more than 12 months, then you might qualify. You will also need to have worked at least 1,250 hours over the past 12 months leading up to your leave request. To determine if your specific circumstances meet FMLA eligibility requirements, it's best to contact an attorney. This is because there are many nuances, interpretations, and situations the law accounts for.

CFRA's eligibility requirements closely resemble FMLA but have one difference:

• Work for a Covered Employer: CFRA covers employers with five or more employees. Smaller businesses are included. California ensures their employees have job protection in family or medical situations.
• Length of Employment: Like FMLA, to be eligible, you need to have worked for your employer for at least 12 months. Also, similar to FMLA, your work history does not have to be consecutive, and your combined time with that employer could make you eligible, even if there were breaks. You need at least 1,250 worked hours within the 12 months preceding your need for leave. This aligns with FMLA's requirement. But again, this 12-month rule has some variations for those serving in the military or called to active duty. Because determining your eligibility can be complicated, consult an attorney or your human resources department to go over your particular circumstances and to ensure you're getting all the benefits you are entitled to. They will guide you and make sure your job is safeguarded.

Notice Requirements: What Your Employer Needs to Know

You will need to give your employer at least a 30-day notice for foreseeable events like birth, placement for adoption, or planned medical treatment. In situations where providing 30-days' notice isn't feasible, due to unexpected medical issues or last-minute changes, giving notice as soon as possible is critical.

Both the CFRA and FMLA have requirements outlined in the Code of Federal Regulations.

Documentation: Medical Certification May Be Needed

While not always necessary, your employer may request documentation to support your need for FMLA leave. Often, your employer might need you to give them medical certification from your doctor.

This proves you, a family member, or a covered individual need this time for a "serious health condition". For information regarding Medical Certifications and what qualifies for Family Medical Leave, check out the Code of Federal Regulations here.

Job Protection and Benefits During FMLA and CFRA

One of the most important provisions of both acts is job protection during leave. What happens when you take this time off? Can you lose your position, especially during a time you and your family may be incredibly vulnerable? Both FMLA and CFRA strive to eliminate this worry. Your employer is legally obligated to offer you the same job (or a comparable one with similar pay, benefits, and terms).

They cannot retaliate against you for utilizing your legal right to take this leave.

Paid or Unpaid:

Both FMLA and CFRA are unpaid leave acts. However, California does allow employees to use accrued paid time off during FMLA leave, providing some financial cushion during their absence. To see the different types of situations this covers in more depth, take a look at the Department of Labor's Wage and Hours Division resource found here.

Continuation of Health Benefits During Leave

A significant advantage of both FMLA and CFRA is the continuation of health benefits. During your time off work, your employer must continue providing the same health insurance coverage they did before your leave.

They have to follow the same terms, meaning any employer contributions towards premiums continue, giving employees immense peace of mind.

Intermittent or Reduced Schedule Leave

FMLA allows for intermittent leave, taken in blocks of time (for instance, a few hours each week) to attend doctor's appointments, get therapy, or to manage health conditions that fluctuate. Or, you could take a reduced schedule. Intermittent or a reduced schedule leave might be a better fit if you don't need to take all your leave at once.

However, while this option provides employees flexibility, employers are allowed to transfer you to a different job (even one with less pay) while you're on intermittent leave, as long as the new position “better accommodates” your need for time off. Details of that provision of the Family and Medical Leave Act can be reviewed in the Department of Labor's Fact Sheet here. Navigating the differences and nuances of FMLA and CFRA is best handled with professional guidance to make sure you understand and utilize these benefits fairly and within the parameters of the law.

FAQs about FMLA vs. California Family Rights Act: Know the Differences

FAQ 1: Is the family rights Act the same as the FMLA in California?

No, but they both grant eligible employees time off.

FAQ 2: What is the difference between FMLA and PFL California?

FMLA focuses on job protection, while PFL offers partial wage replacement for up to eight weeks to care for yourself, a family member, or bond with a new child.

FAQ 3: Do you have to use FMLA and CFRA at the same time?

It's important to note that FMLA and CFRA run concurrently, but they are not taken at the same time, as each one provides up to 12 weeks. Understanding the nuances means you might be able to use both. You might qualify for up to 24 weeks in total within a 12-month period for certain situations, such as having a baby and recovering from childbirth.

But since every situation is different, seek advice from an experienced employment law professional.

FAQ 4: What are the Know Your rights family leave laws in California?

Some of these rights may include the right to:

• Take unpaid, job-protected leave for qualifying medical or family reasons. This leave is up to 12 weeks for both state and federal. And up to 26 weeks if caring for a covered family member with a serious injury or illness incurred in the line of duty. That injury must make the care you provide necessary. Or if you need time to address a “qualifying exigency,” because a spouse, child, or parent is on covered active military duty.
• Continue your existing health insurance during the duration of your leave. This ensures continuity of care even when you're not working.
• Request reasonable accommodations upon return to work if your needs have changed because of the health condition you took leave to address.

Conclusion

As we have seen, there are some major differences when comparing FMLA and the California Family Rights Act. Each comes with advantages for California workers. CFRA's broader definition of "family member," for example, provides much-needed support for diverse family structures. Remember that these leave rights are essential to ensuring both employees and employers in California maintain a stable and productive environment.