California family leave

California Family Leave: What Employers Need to Know About FMLA California and CFRA

If you’re searching for California family leave, you’re likely trying to answer two practical compliance questions fast: (1) Which law applies—federal FMLA, California’s CFRA, or both? and (2) What do we have to do to administer leave correctly without creating liability? This guide explains how FMLA California rules interact with the California Family Rights Act (CFRA), what qualifies as job-protected leave, and the steps HR teams should take to stay compliant.

For broader federal context, SwiftSDS maintains an employment legislation list covering the major federal labor law requirements that commonly overlap with leave administration.

The Two Main “California Family Leave” Laws: FMLA + CFRA

Federal: Family and Medical Leave Act (FMLA)

The federal Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specific family and medical reasons. This is what many searches mean by family medical leave act California or fmla california.

Key FMLA coverage rules (employers):

• Applies to private employers with 50+ employees in 20 or more workweeks in the current or prior calendar year
• Also applies to public agencies and schools (with special rules)

Key FMLA eligibility rules (employees):

• Worked for the employer 12 months (not necessarily consecutive)
• At least 1,250 hours in the prior 12 months
• Worksite has 50 employees within 75 miles

California: California Family Rights Act (CFRA)

California’s primary state law is the California Family Rights Act (CFRA)—often what people mean by California family leave act or “California FMLA law” (though CFRA is distinct from FMLA).

Key CFRA coverage rules (employers):

• Applies to employers with 5 or more employees

Key CFRA eligibility rules (employees):

• Worked for the employer 12 months
• At least 1,250 hours in the prior 12 months
• No “50 employees within 75 miles” requirement (a major difference from FMLA)

Bottom line: Many California employers are covered by CFRA even when they are not covered by federal FMLA—this is one of the most common compliance misses in “medical leave California” administration.

What Leave Reasons Are Covered (and Where FMLA and CFRA Differ)

Reasons generally covered under FMLA

FMLA provides job-protected leave for:

• Employee’s serious health condition
• Caring for a spouse, child, or parent with a serious health condition
• Bonding with a new child (birth/adoption/foster placement)
• Certain military family needs (qualifying exigency)
• Military caregiver leave (up to 26 weeks in a single 12-month period)

Reasons generally covered under CFRA

CFRA covers:

• Employee’s serious health condition
• Caring for a family member with a serious health condition (CFRA’s definition is broader than FMLA’s)
• Bonding leave
• Certain military-related leave (California has related provisions that may apply)

Important practical difference: CFRA’s family member definition includes additional relationships beyond FMLA in many cases. When an employee requests leave to care for someone not recognized under FMLA, you may still have CFRA-protected leave.

How FMLA California and CFRA Run Together (Concurrency Rules)

When an employee’s leave qualifies under both laws, employers typically designate the leave concurrently so the employee isn’t stacking two separate 12-week entitlements for the same event.

Actionable steps:

1. Identify which laws apply (FMLA, CFRA, both)
2. Provide required notices and eligibility determinations on time (FMLA has strict notice timing expectations)
3. Designate leave in writing and track it consistently in your HRIS/timekeeping system

If you need additional federal compliance context on employee protections generally, SwiftSDS also summarizes core protections in 5 rights of workers.

Medical Leave in California: Where ADA/FEHA Fit In

Not every medical condition qualifies as a “serious health condition” under FMLA/CFRA, and sometimes an employee exhausts protected leave but still needs time off. That’s where disability accommodation rules often come into play.

Under the Americans with Disabilities Act (ADA) (federal) and California’s FEHA (state), additional leave may be a reasonable accommodation depending on the facts. HR teams should avoid automatically terminating employment at the end of FMLA/CFRA without assessing accommodation obligations.

To build a compliant process, review SwiftSDS resources on disability documentation and interactive process workflows:

• ADA forms for employers
• ADA HR
  And for California-specific anti-discrimination obligations that often intersect with leave and accommodation decisions, see anti discrimination laws in california.

Documentation and Administration: Actionable Employer Checklist

1) Use consistent intake and eligibility screening

Create a single internal intake path for all “leave” requests—even if employees don’t say “FMLA” or “CFRA.” Train supervisors to route medical and family-care absences to HR.

Also clarify worker classification early. Some businesses ask about contractor coverage; in many cases, independent contractors are not eligible for FMLA protections. See are contractors eligible for fmla for a focused breakdown.

2) Provide timely notices and track leave in hours

Under federal FMLA, employers are expected to:

• Provide an eligibility notice and rights/responsibilities notice
• Provide designation notice once sufficient information is available
  Track leave precisely, especially for intermittent leave, using the smallest increment your policy allows (within legal parameters).

3) Maintain benefits and restore the employee properly

Both FMLA and CFRA are job-protection frameworks. Typically:

• Maintain group health benefits during protected leave under the same terms
• Restore employees to the same or a comparable job at the end of protected leave (subject to limited exceptions)

4) Keep medical information confidential

Medical certifications and supporting documents should be stored separately from personnel files with restricted access.

5) Confirm poster and notice compliance for federal requirements

Leave administration frequently overlaps with federal wage/hour compliance communication requirements. As part of your labor law posting audit, ensure you have the correct federal notices available, such as Employee Rights Under the Fair Labor Standards Act (U.S. Department of Labor), which is commonly required in workplaces and relevant to broader federal labor law compliance.

Multi-State Note: “FMLA Ohio,” “FMLA Missouri,” and “FMLA Pennsylvania” vs. California Family Leave

Many HR teams manage leave across states and search terms like fmla ohio, fmla missouri, or fmla pennsylvania while building standardized processes. The key point: FMLA is federal, so baseline FMLA rules apply in all states, but state leave laws vary significantly.

California is unique because CFRA applies at 5+ employees and has differences in family member coverage and worksite requirements. If you operate in multiple states, avoid a one-size-fits-all approach—your “FMLA policy” may need state addenda to account for laws like CFRA.

FAQ: California Family Leave (FMLA + CFRA)

1) Is “California FMLA law” the same as CFRA?

Not exactly. “California FMLA law” is a common phrase, but California’s primary state family leave law is CFRA. Federal FMLA is separate; many employees in California may be covered by both depending on employer size and eligibility.

2) How much medical leave can an employee take in California?

If eligible, an employee can generally take up to 12 weeks of job-protected leave under FMLA and/or CFRA for qualifying reasons. Additional leave may be required as a reasonable accommodation under ADA/FEHA depending on the circumstances.

3) Do independent contractors qualify for FMLA or CFRA?

Typically, no—these protections generally apply to employees, not properly classified independent contractors. Misclassification risk is real, so confirm status and consult counsel as needed. SwiftSDS covers the eligibility question in are contractors eligible for fmla.

Key Takeaway for HR and Business Owners

For California family leave, compliance usually means managing two frameworks at once: federal FMLA California rules plus CFRA (California Family Rights Act). Build a repeatable intake workflow, designate leave correctly, track time precisely, protect confidentiality, and coordinate leave decisions with ADA/FEHA accommodation obligations to reduce risk and ensure consistent employee treatment.