Understanding FMLA and CFRA
The Family and Medical Leave Act (FMLA) is a federal law, and the California Family Rights Act (CFRA) is its state counterpart. Together, these laws protect employees who need time away from work to care for their own serious health condition, bond with a new child, or care for a seriously ill family member.
Both laws prohibit employers from retaliating against employees who request or take protected leave. This means your employer cannot fire you, demote you, reduce your hours, or take any other adverse action because you exercised your right to family or medical leave. At Zaghi & Chrzan, LLP, we hold employers accountable when they violate these critical protections.
Eligibility Requirements
To qualify for FMLA or CFRA leave, you must meet the following requirements:
- Length of Employment: You must have worked for your employer for at least 12 months. The 12 months do not need to be consecutive.
- Hours Worked: You must have worked at least 1,250 hours during the 12-month period immediately preceding the start of your leave.
- Employer Size: Your employer must meet minimum size thresholds. Under FMLA, your employer must have at least 50 employees within a 75-mile radius. Under CFRA, the threshold is significantly lower — your employer needs only 5 or more employees.
If you are unsure whether you qualify, our attorneys can evaluate your situation and determine which protections apply to you.
Your Rights Under FMLA/CFRA
If you are eligible, the law provides you with several important protections:
- Up to 12 Weeks of Unpaid Leave: You are entitled to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying reasons, including your own serious health condition, caring for a family member with a serious health condition, or bonding with a new child.
- Health Coverage Continuation: Your employer must maintain your group health insurance coverage during your leave under the same terms and conditions as if you had continued working.
- Job Restoration: When you return from leave, you are entitled to be restored to the same position you held before your leave, or to an equivalent position with equivalent pay, benefits, and other terms of employment.
- 30 Days' Notice for Foreseeable Leave: When the need for leave is foreseeable, you must provide your employer with at least 30 days' advance notice. When the need is not foreseeable, you must give notice as soon as practicable.
FMLA vs. CFRA: Key Differences
While the FMLA and CFRA overlap in many ways, there are important differences that can affect your rights:
- Employer Size Threshold: The FMLA applies to employers with 50 or more employees within a 75-mile radius. The CFRA has a much lower threshold, covering employers with just 5 or more employees, which means far more California workers are protected under state law.
- Domestic Partners: The CFRA covers leave to care for a domestic partner with a serious health condition, while the FMLA does not. This is a significant distinction for employees in domestic partnerships.
- Intermittent Leave: Both the FMLA and CFRA allow employees to take leave on an intermittent or reduced-schedule basis when medically necessary. This means you can take leave in separate blocks of time rather than all at once.
- Broader California Protections: The CFRA generally provides broader protections than the FMLA. California courts have interpreted the CFRA to cover a wider range of family relationships and qualifying conditions, giving employees more robust rights.
Because California employees may be covered by one or both laws, it is important to work with an attorney who understands how the FMLA and CFRA interact.
Proving a Violation
Employers rarely admit to violating FMLA or CFRA protections. To build a strong case, we look at several key factors:
- Timing of Adverse Action: If you were fired, demoted, or disciplined shortly after requesting or taking leave, the timing alone can be powerful evidence of retaliation.
- Employer Knowledge: We establish that your employer knew about your leave request or medical condition, which is a critical element of any retaliation claim.
- Deviation from Policy: If your employer failed to follow its own leave policies, or applied them inconsistently in your case, this can demonstrate unlawful intent.
- Inconsistent Treatment: If other employees who did not take protected leave were treated more favorably under similar circumstances, this comparative evidence strengthens your claim.
- Pretext Evidence: When an employer offers a reason for an adverse action that does not hold up under scrutiny — for example, citing performance issues that were never documented — this suggests the real reason was retaliation for taking leave.
California Paid Family Leave (PFL)
California Paid Family Leave is a separate state program administered through the Employment Development Department (EDD). PFL provides partial wage replacement — typically 60-70% of your weekly earnings — for employees who need time off to bond with a new child or care for a seriously ill family member.
It is important to understand that PFL does not provide job protection on its own. PFL is a wage-replacement benefit, not a leave entitlement. However, if you are also eligible for CFRA or FMLA leave, your job may be protected under those laws while you receive PFL benefits. Our attorneys can help you understand how these programs work together to maximize your protections.
How We Can Help
At Zaghi & Chrzan, LLP, our family and medical leave attorneys understand how stressful it is to face workplace retaliation during some of life's most challenging moments — whether you are recovering from a serious illness, caring for a loved one, or welcoming a new child. We provide aggressive, personalized representation on a contingency fee basis, meaning you pay nothing unless we win your case.
We handle every aspect of your claim, from documenting the timeline of events and gathering evidence to negotiating with your employer and, if necessary, taking your case to trial. Our goal is to hold your employer accountable and secure the maximum compensation available under the law.
What is the difference between FMLA and CFRA?
Both laws protect qualifying employees who need leave, but eligibility, covered family members, and interaction with pregnancy-related leave can vary depending on the statute and the facts.
Can my employer deny protected medical leave?
An employer that wrongly denies qualifying leave, interferes with leave rights, or retaliates against an employee for taking protected leave may face liability under state or federal law.
What should I do if my leave rights were violated?
Keep copies of your requests, medical certifications, and employer responses, then speak with a California employment lawyer quickly to protect deadlines and preserve evidence.