FMLA is a federal law that provides up to 12 weeks of unpaid, job-protected leave each year for qualifying reasons. CFRA is California’s version of that law but with broader protections. And PFL gives you up to eight weeks of paid leave so you don’t go without a paycheck when you need time off to care for your family.



Understanding how to take paid leave, when to notify your employer, and how to receive benefits through the Employment Development Department can make the difference between a stressful life event and one where you’re supported and secure.

At Employee Law Group in Torrance, we’ve helped workers across California stand up for their rights, take paid time off, and protect their jobs. We’re here to make sure you don’t leave money (or your job) on the table.

What Leave Options Are Available to You?

Here’s a quick look at the key laws and benefits that could apply to your situation:

This guide will walk you through:

• The eligibility requirements for each type of leave
• How to apply for leave and avoid missing deadlines
• The differences between paid leave and unpaid FMLA leave
• What to do if your employer pushes back or violates your rights

Let’s get started. You’ve earned these protections and now it’s time to use them.

Understanding FMLA & CFRA Basics

Let’s start with the basics of the federal Family and Medical Leave Act and what it provides.

What Is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave each year. You can use this time off to recover from your own serious health condition, care for a family member with a serious health issue, bond with a new child through birth, adoption, or foster care, or address qualifying military-related needs.

FMLA also requires your employer to continue your group health insurance during the leave period under the same terms and conditions as if you were still working. The law applies to both private employers with 50 or more employees and all public agencies, including schools.

This type of unpaid FMLA leave is a legal right. However, because the leave is unpaid, many employees hesitate to use it. That’s why California’s system takes it further, offering wage support while also honoring federal protections.

What Is the California Family Rights Act (CFRA)?

While FMLA is the federal standard, California Family Rights Act (CFRA) is the state law that runs parallel to it. CFRA allows you to take up to 12 weeks of family or medical leave per year, just like FMLA, but with a few important differences that benefit workers in California.

First, CFRA applies to smaller employers (those with just 5 or more employees) which means more workers qualify under state law. Second, CFRA covers a broader definition of “family member,” including siblings, grandparents, grandchildren, and domestic partners, while FMLA only covers immediate family members.

CFRA also allows bonding time with a child for adoption or foster care, and unlike FMLA, it separates pregnancy-related leave into another category, allowing eligible women to stack leave periods in certain situations.

Who Is Covered and When?

To qualify for FMLA or CFRA, you must meet these conditions:

• You’ve worked for your employer for at least 12 months
• You’ve worked at least 1,250 hours in the past 12 months
• Your employer has at least 50 employees (FMLA) or 5 employees (CFRA)

Under both laws, your leave must be connected to a qualifying reason, such as the birth of a child, caring for a family member with a serious health condition, or dealing with a serious medical condition yourself. If these conditions are met, your employer must provide leave, and you are protected from retaliation.

Both CFRA and FMLA give you job protection. However, only California’s Paid Family Leave program ensures that you take paid time off while keeping your job secure. Combining these programs can help you avoid choosing between your paycheck and your loved ones.

Eligibility Requirements

To qualify for FMLA leave under federal law, you must meet three criteria:

1. Your employer must have at least 50 employees within a 75-mile radius.
2. You must have worked at least 12 months (not necessarily consecutive).
3. You must have worked at least 1,250 hours during the 12 months immediately preceding the start of your leave.

These requirements ensure that only certain employees are eligible for this federal family and medical leave benefit. For context, 1,250 hours averages about 24 hours per week over a year; so even part-time employees may qualify, depending on their schedule. The U.S.Department of Labor enforces these rules and provides additional guidance if you’re unsure whether your employer qualifies.

If you meet the criteria, your employer must allow you to take leave for qualifying reasons. That includes the birth of a child, caring for a family member with a serious health condition, or recovering from your own serious medical condition.

CFRA Expands Eligibility

California law goes further. Under the California Family Rights Act, you qualify if:

• You’ve worked for your employer for at least 12 months
• You’ve worked at least 1,250 hours during the past year
• Your employer has 5 or more employees

This smaller employer size threshold dramatically expands access to job-protected leave for workers across the state. For example, if you work at a small local business in Torrance, you may not qualify for FMLA, but you would qualify under CFRA.

Also, CFRA doesn’t require the 75-mile radius that FMLA does. If your employer has five employees across any locations in California, the law applies.

FMLA and CFRA: How They Interact in California

When both laws apply, FMLA and CFRA leave run at the same time. This means you don't get double the weeks, in most cases. But there are exceptions.

For example:

• If you’re caring for a domestic partner, CFRA applies but FMLA does not.
• If you’re on pregnancy disability leave, it’s covered under FMLA, and your CFRA leave can begin after that ends; allowing you to stack both leaves and take more time off.

In total, an employee may be able to take up to 24 weeks of protected leave in a single year under California law, depending on the type of leave and medical situation. Understanding these overlapping benefits can make a huge difference in how much time and income support you receive.

Qualifying Events & Leave Types

To understand your rights under these laws, it's important to know which situations are considered valid reasons for taking leave.

What Counts as a Valid Reason to Take Leave?

Under both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), you can take leave for a limited set of reasons. These are known as qualifying events, and they must fall into specific categories outlined by law.

Here’s when an employee may take leave:

• The birth of a child, or bonding time following the birth or placement for adoption or foster care
• To care for a family member with a serious health condition
• To recover from your own serious health condition that makes you unable to perform your job
• Certain military-related needs, such as a family member being deployed

A serious health condition includes anything that requires inpatient care, ongoing medical treatment, or causes long-term incapacity. Examples include surgeries, chronic illnesses, or cancer treatment. Minor ailments like the common cold or flu typically do not qualify unless complications arise.

Military Caregiver and Exigency Leave

The federal FMLA includes specific types of leave for military families. These protections include:

• Qualifying exigency leave, when a close family member (spouse, child, or parent) is on or called to active duty
• Military caregiver leave, which allows up to 26 weeks of leave per 12-month period to care for a covered service member with a serious injury or illness

These types of leave can be used for things like attending military briefings, arranging childcare, or taking a service member to medical appointments.

CFRA does not currently cover military-related exigencies, so in California, you must rely on FMLA protections for these specific situations.

California’s Expanded List: Domestic Violence, Sexual Assault, and Stalking

Beyond federal protections, California provides additional leave rights through other laws outside of CFRA. If you are the victim of:

• Domestic violence
• Sexual assault
• Stalking

You are allowed to take protected time off to attend legal proceedings, seek counseling, relocate, or take any other necessary steps to protect your safety. Your employer cannot fire or retaliate against you for taking this kind of leave.

In California, these protections are codified under the Labor Code sections 230 and 230.1, and they often work alongside CFRA or PFL depending on the situation.

Getting Paid: California Paid Family Leave (PFL)

While FMLA and CFRA protect your job, PFL provides actual income when you need to step away from work for family or medical reasons.

Paid Family Leave offers up to 8 weeks of wage replacement to eligible workers who need to:

• Care for a seriously ill family member
• Bond with a new child within 12 months of birth, adoption, or foster care placement
• Participate in a qualifying event due to a family member’s military deployment
  

This is a benefit you’ve paid into through state payroll taxes. If you look at your paycheck, you’ll see a deduction for “CASDI” (California State Disability Insurance). That’s what funds PFL.

The Difference Between Job Protection and Pay

Here’s a common misconception: “If I’m on PFL, my job is protected.” That’s not always true. PFL provides wage replacement, but it does not guarantee job protection on its own.

That’s why it’s essential to combine PFL with either FMLA or CFRA. If you qualify under one of those laws, you’re protected from being fired while also getting paid through the state’s PFL program.

Think of it like this:

• FMLA/CFRA = your right to return to work
• PFL = your right to receive partial wages

In many cases, the leave periods run concurrently. For example, if you take 8 weeks off to bond with your baby, you can use CFRA to protect your job and PFL to receive benefits during that time.

How Much Will You Get Paid?

Your weekly benefit amount depends on your income. As of 2024, California’s PFL program pays:

• 60 to 70% of your wages, depending on income level
• A minimum of $50 per week
• A maximum of approximately $1,681 per week

To qualify, you must have earned at least $300 in wages during your base period (typically the 5 to 17 months before your claim starts). Benefits are paid by the Employment Development Department (EDD) and are not paid by your employer.

You can use PFL in one continuous block or in intermittent leave, if your situation requires it. Just remember, you only get 8 weeks per benefit year, and those weeks don’t reset until the next 12-month cycle.

Step-by-Step Claim & Leave Coordination

To make the most of your leave benefits, follow these key steps to plan, notify, and coordinate with both your employer and the state.

Step 1: Prepare Before You Take Leave

Planning ahead helps avoid delays in income or job issues. If you know you’ll need time off, such as for childbirth or surgery, give your employer at least 30 days’ notice. If it’s an emergency, notify them as soon as possible. You may need documentation from a healthcare provider confirming the medical need for leave, whether for yourself or a family member.

For Paid Family Leave (PFL), start gathering documents early, such as a physician’s certification, proof of relationship for bonding, or military forms. Staying organized helps ensure a smoother claim process.

Step 2: Notify Employer and File Claims

You’ll need to coordinate with both your employer and the state. Notify your employer if you’re taking FMLA or CFRA leave, they must provide a written response within five business days.

For PFL, file directly with California’s Employment Development Department (EDD) through the myEDD portal or by mail. If filing for bonding, do so within 41 days of the child’s birth or adoption. For care-related claims, file as soon as the leave begins to avoid benefit delays.

Step 3: Understand Overlap Between Programs

FMLA or CFRA leave can run at the same time as PFL benefits. For example, if you take CFRA bonding leave and apply for PFL, both typically begin on the same date and last up to 8 weeks. This means your job is protected while you receive wage replacement from the state.

Some employers may require you to use vacation or sick time first, while others let you choose. You can also use paid time off during your FMLA leave to stay financially supported while waiting for PFL benefits to start.

Step 4: Intermittent Leave and Part-Time Work

If you don’t need full-time leave, you can request intermittent leave for specific days or reduced hours. This must be approved by your employer and scheduled in advance.

PFL benefits may also be used intermittently, but you’ll need to track missed hours and confirm that part-time leave is medically necessary. This option works well for ongoing care needs or when easing back to work after bonding time.

Employer Obligations & Worker Rights

It’s important to know what your employer is required to do and what they are not allowed to do while you are on protected leave.

Your Right to Return to Work

When you take FMLA or CFRA leave, your employer is legally required to hold your job or place you in a position with equivalent pay, benefits, and responsibilities when you return. This is a central part of the Family and Medical Leave Act and the California Family Rights Act.

If your employer demotes you, cuts your hours, or places you in a role with fewer responsibilities, they may be violating federal or state law. The law is clear: your leave cannot be used as a reason to punish you or change the terms and conditions of your employment.

Group Health Coverage Must Continue

Under both federal and California law, your group health benefits must continue during your leave. This means your employer must maintain your existing health insurance coverage as if you were still working. You may be required to pay your usual portion of the premium, but they cannot drop your plan or change your coverage while you're on protected leave.

According to the Department of Labor, failure to continue coverage or failure to reinstate you after leave may give you grounds for a lawsuit. If your employer offers multiple types of leave and only maintains coverage under one, be sure to request written confirmation of what will be continued.

Retaliation Is Illegal

Unfortunately, some employers try to discourage employees from taking leave by creating a hostile work environment, denying promotions, or spreading misinformation. Let’s be clear: retaliation for taking protected leave is illegal.

You are protected under both FMLA and CFRA from:

• Being fired or laid off during or after leave
• Losing seniority or benefits
• Harassment or discrimination related to your leave

If your employer takes adverse action against you because you requested or took leave, you have the right to file a complaint or take legal action.

Additional Protections Under California Law

California provides expanded worker protections that go beyond the federal FMLA. For example:

• You can take school-related leave to address issues involving your child’s school or daycare
• You’re protected if you need leave due to domestic violence, sexual assault, or stalking
• Pregnancy Disability Leave (PDL) gives up to four months of leave for pregnancy-related conditions, separate from CFRA

These extra protections can significantly increase the amount of job-protected time off available to you and are especially important for those with layered needs, such as pregnancy followed by baby bonding.

Frequently Asked Questions

Conclusion

If you're a California worker in need of family or medical leave, you have strong protections under FMLA, CFRA, and Paid Family Leave. These laws allow you to take time off for your health or your family without risking your job or income. To take full advantage, it’s important to understand your eligibility, apply on time, keep clear documentation, and coordinate your benefits effectively.

At Employee Law Group in Torrance, we’ve helped many workers navigate leave-related issues and protect their rights. If you're facing a denied request, retaliation, or just need guidance, contact us today for a free consultation. We're here to help you get the support and protection you deserve.