At Atlas HR Staffing, we believe in empowering our clients and employees with the knowledge they need to navigate workplace policies effectively. One important topic that every employee and employer should understand is the Family and Medical Leave Act (FMLA), along with California’s own California Family Rights Act (CFRA). These laws provide essential protections for workers facing serious health issues, caring for a loved one, or bonding with a new child. In this blog post, we’ll break down the key details of both FMLA and CFRA, including eligibility, leave entitlements, and how they work in California.
What is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with unpaid, job-protected leave for specific family and medical reasons. The main purpose of FMLA is to help workers balance their personal and family health needs with their work responsibilities.
What is CFRA?
The California Family Rights Act (CFRA) mirrors the FMLA in many ways but includes some unique provisions specific to California employees. It allows for up to 12 weeks of unpaid, job-protected leave, and it often applies to a broader range of family relationships than FMLA does. While FMLA and CFRA are separate laws, they typically run concurrently, meaning an employee can take up to 12 weeks of leave under both programs combined.
Eligibility for FMLA and CFRA
To qualify for FMLA and CFRA leave, employees must meet the following basic criteria:
Length of Employment: Employees must have worked for their employer for at least 12 months.
Hours Worked: Employees must have worked at least 1,250 hours during the 12 months leading up to the leave.
Employer Size:
FMLA: This applies to employers with 50 or more employees within a 75-mile radius.
CFRA: This applies to employers with 5 or more employees.
Reasons for Taking FMLA and CFRA Leave
Both FMLA and CFRA allow employees to take leave for the following reasons:
To care for a newborn or newly adopted child: Both laws provide leave for bonding with a child after birth or adoption.
To care for a seriously ill family member: You can take leave to care for a spouse, child, or parent with a serious health condition.
To address your own serious health condition: Employees can also take leave for their own health issues that make them unable to perform their job.
Additional CFRA Protections: CFRA also extends protections to care for additional family members, such as parents-in-law, siblings, grandparents, and grandchildren.
Duration of Leave
Both FMLA and CFRA offer up to 12 weeks of unpaid leave in a 12-month period for eligible employees.
The leaves are job-protected, meaning employees can return to their same job or a comparable position once their leave ends.
Paid Family Leave in California
While FMLA and CFRA provide job protection, neither law offers paid leave. However, California also offers a Paid Family Leave (PFL) program, which provides partial wage replacement to employees taking time off for a qualifying reason under both FMLA and CFRA.
PFL provides up to 8 weeks of wage replacement to employees taking time off to care for a seriously ill family member or bond with a new child.
This program is funded by employee payroll deductions and is administered by the California Employment Development Department (EDD).
Interplay Between FMLA, CFRA, and PFL
While FMLA and CFRA both provide job protection for up to 12 weeks of leave, PFL offers partial wage replacement for up to 8 weeks. Here’s how they work together:
Employers may require employees to use accrued paid leave (like vacation or sick leave) during their FMLA or CFRA leave, but they cannot require employees to use paid leave during PFL.
Employees can receive PFL benefits for up to 8 weeks of leave, while they may still be entitled to an additional 4 weeks of job-protected leave under FMLA or CFRA if they choose not to use paid leave during that time.
Resources for More Information
California Employment Development Department (EDD): Learn more about Paid Family Leave and how to apply for benefits. Visit EDD’s Website
California Civil Rights Department (CRD): Provides information on the California Family Rights Act (CFRA). Visit CRD’s Website
U.S. Department of Labor: Access guidelines on FMLA, eligibility, and how the law works. Visit the DOL’s Website