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What Are Your Family Leave Rights Under Federal and California Law?
When family emergencies or health issues arise, individuals may struggle to balance their work duties with caretaking responsibilities. In many cases, it may be necessary for the employee to take time off work or work a reduced schedule to provide essential care for themselves or their loved ones. This situation may trigger fears of job loss, termination of benefits, and other concerns.
Fortunately, labor laws are in place to safeguard workers when they need to take a temporary break from their employment to care for family members. The federal Family and Medical Leave Act (FMLA) lets eligible employees take a maximum of 12 weeks of unpaid, job-protected leave within a 12-month period for qualifying family or medical reasons while ensuring the continuation of health benefits during the leave.
While the FMLA provides critical protections, California has enacted legislation to expand these laws, providing workers greater flexibility and support when dealing with certain family and medical issues. The California Family Rights Act (CFRA) protects employees in the state with broader coverage and more inclusive eligibility criteria than the FMLA. An experienced California employment attorney can explain your expanded rights under the CFRA and help you explore your next steps if your family leave rights have been violated.
How Has the CRFA Expanded Coverage and Eligibility Rules for California Employees?
A crucial feature of the CFRA is its extension of coverage to a wider range of employers and employees compared to FMLA. While FMLA applies to employers with 50 or more employees, CFRA has lowered this threshold to include employers with just five or more employees. This change allows employees of smaller businesses to access family leave benefits previously unavailable to them.
Additionally, CFRA has eliminated the requirement that employees must work within a 75-mile radius of their employer’s worksite to be eligible for leave. Remote workers and employees in more dispersed work environments can now qualify for CFRA leave, regardless of their physical location relative to their employer’s main office.
How Does the CFRA Allow Workers to Care for More Family Members?
One of the most significant ways CFRA expands protections beyond FMLA is through its broader definition of family members for whom an employee can take leave to provide care. While FMLA limits covered family members to spouses, children, and parents, CFRA also includes these additional categories:
- Registered domestic partners
- Grandparents
- Grandchildren
- Siblings
The CFRA’s expansion recognizes the diverse family structures that exist in modern society and allows employees to care for a wider range of loved ones without risking their job security.
How Does the CFRA Protect New Parents?
CFRA and FMLA differ in their treatment of pregnancy-related leave. Under FMLA, pregnancy is considered a serious health condition that qualifies for leave, but CFRA excludes pregnancy, childbirth, and related medical conditions from its definition of serious health conditions. However, the CFRA may allow California couples to access more total parental leave time for bonding with their newborn.
In California, pregnant employees can take up to 4 months of leave under the Pregnancy Disability Leave (PDL) law, which runs concurrently with FMLA. After exhausting PDL and FMLA leave, employees can take an additional 12 weeks of bonding leave under CFRA. This arrangement can result in up to 7 months of protected leave for eligible employees, significantly more than what is available under FMLA alone.
What Are an Employee’s Family Leave Options Under CFRA Versus FMLA?
While both CFRA and FMLA provide up to 12 weeks of unpaid, job-protected leave within a 12-month period, CFRA offers more flexibility in how this leave can be taken. Under CFRA, employees have the option to take leave intermittently or on a reduced work schedule when medically necessary. This flexibility allows employees to more effectively balance their work responsibilities with their family care needs.
Furthermore, California has implemented a Paid Family Leave (PFL) program that provides partial wage replacement for up to eight weeks when employees take time off to care for a family member or bond with a new child. This program, administered by the California Employment Development Department (EDD), helps alleviate some of the financial burden associated with taking unpaid leave.
How Does the CFRA Enhance Job Protection and Benefits Continuation?
Both CFRA and FMLA require employers to maintain an employee’s health benefits during their leave and reinstate them to the same or a comparable position upon their return. However, CFRA provides additional protections for certain key employees, potentially offering more robust job restoration rights in some cases.
Moreover, recent changes to California law have further strengthened these protections. As of January 1, 2025, employers can no longer require employees to use their accrued vacation time before accessing the state’s Paid Family Leave Program. This change allows employees to preserve their hard-earned vacation time while still benefiting from family leave protections.
What Can You Do if Your Employer Has Violated Family Leave Regulations?
If you believe your rights under FMLA, CFRA, or other California family leave laws have been violated, a dedicated attorney from Odell Law, PLC can provide invaluable assistance. We can assess whether your employer violated federal or CFRA protections. Common violations include refusal to grant leave to eligible individuals, retaliation for taking or requesting leave, and failure to reinstate employees to their previous or comparable positions after leave ends.
Another very common violation occurs when an employer immediately or automatically terminates an employee upon expiration of the 12 weeks of FMLA or CFRA leave – i.e., without any good faith interactive process to see if additional medical leave (or other accommodations) are possible. California law still requires employers to engage in a good faith interactive process and grant reasonable accommodations, including additional medical leave beyond 12 weeks, as long as it would not cause an undue burden to the employer.
CFRA laws can be complex, especially when combined with other state and federal protections like the Family and Medical Leave Act (FMLA) or Pregnancy Disability Leave (PDL). Your attorney can clarify your rights under these laws, ensuring you understand the eligibility criteria, required documentation, and protections available to you.
If your employer has violated the FMLA or CFRA, Odell Law, PLC can assist with different options, such as filing complaints with appropriate agencies like the California Civil Rights Department (CRD). Filing legal claims correctly and promptly is essential for maximizing your chances of success. Our skilled legal team can also negotiate with your employer to secure remedies such as reinstatement, back pay, or compensation for damages without going to court.
This approach can often save time and preserve professional relationships. However, if a satisfactory resolution cannot be reached through negotiation, our firm is prepared to pursue legal action in civil court to obtain justice for clients. To learn how we can serve your needs, contact our Irvine office today at 949-771-8173 and schedule a free, in-depth case evaluation.
