Difference between FMLA and CFRA

The CFRA and the FMLA are state law and federal laws that allow workers to take unpaid, job-protected leave. CFRA is California law and FMLA is a federal program. The CFRA has substantially broader coverage than the FMLA, covering private employers with five or more employees in addition to public employers regardless of their size.

By Douglas Wade, Attorney

Email  |  Call (800) 484-4610

What is FMLA and CFRA leave policy?

CFRA and FMLA are laws meant to protect workers who need to take time off work to deal with personal life events or situations. These laws permit employees to take care of issues that they otherwise would have needed to manage while also working full-time. If it were not for these pieces of legislation, workers would lose their job or seniority in a company for simply dealing with important matters in their personal lives.

An employee should be familiar with the differences between CFRA and FMLA so that they may choose which one to use when in need of time off from work. To make sure that one is taking advantage of their federal government and state of California benefits, an employee should contact an employment or family rights attorney for counsel.

In this article, our attorneys for employers and HR discusses the difference between CFRA vs FMLA as follows:

What are the rules around FMLA?

FMLA stands for the Family and Medical Leave Act, which is a federal law in the United States that provides qualifying employees with as many as 3 months of unpaid leave per year for certain medical and family reasons. The FMLA applies to employers in the private sector with at least 50 employees, as well as all public agencies and schools.

Under the FMLA, qualifying employees may take leave for reasons such as the birth or adoption of a child, to care for a seriously ill family member, or for the employee’s own serious health condition. During the leave period, the company must maintain the employee’s health benefits and restore the employee to the same or equivalent position upon their return to work.

To qualify for FMLA leave, a worker must have been at their company for a minimum of one year, and for a minimum of 1,250 hours over the previous year. Further, the employee must work at a place where the company has at least 50 workers within a radius of 75 miles.

What are the rules around CFRA?

CFRA stands for the California Family Rights Act, which is a state law in California that provides qualifying employees with as many as 3 months of unpaid leave per year for certain family and medical reasons. The CFRA applies to private sector employers with at least 50 employees, as well as all public agencies and schools, in California.

The CFRA is similar to the federal Family and Medical Leave Act (FMLA), but it applies only to employers in California and includes additional provisions that are unique to California law. Under the CFRA, qualifying employees may take leave for reasons such as the birth or adoption of a child, to care for a seriously ill family member, or for the employee’s own serious health condition.

During the leave period, the company must maintain the employee’s health benefits and restore the employee to the same or equivalent position upon their return to work. To qualify for CFRA leave, an employee needs to have worked for their company for a minimum of one year, and for a minimum of 1,250 hours over the previous year. Further, the employee must work at a place where the employer has at least 50 employees within a radius of 75 miles.

What are the differences between FMLA and CFRA?

FMLA and CFRA are both laws that provide qualifying employees with as many as 3 months of unpaid leave per year for certain medical and family reasons. However, there are some key differences between the two laws:

  1. Coverage – FMLA applies to private sector employers with at least 50 employees and all public agencies and schools, while CFRA applies only to employers in California with at least 50 employees and all public agencies and schools in California.

  2. Eligibility – The eligibility criteria for FMLA and CFRA are similar, but there are some differences. To qualify for FMLA leave, an employee needs to have worked for their company for a minimum of one year and for a minimum of 1,250 hours over the past year. To qualify for CFRA leave, an employee must meet the same 12-month and 1,250-hour requirements and must work at a place where the company has at least 50 employees within a radius of 75 miles, but there is an additional requirement that the employee must work for the employer for at least one year before taking CFRA leave for the birth or adoption of a child.

  3. Reasons for leave – The reasons for leave under FMLA and CFRA are similar, but there are some differences. For example, FMLA allows employees to take leave to care for a covered family member with a serious health condition or for a qualifying exigency related to a covered military member’s deployment, while CFRA does not have these specific provisions.

  4. Notice requirements – FMLA and CFRA both have notice requirements for employees seeking leave, but the requirements are slightly different. For example, FMLA requires employees to provide 30 days’ notice if the need for leave is foreseeable, while CFRA requires only “reasonable” notice.

  5. Interaction with other laws – FMLA and CFRA can interact with other laws, such as disability laws, in different ways, and the requirements for each law may vary depending on the specific situation.

Can you take CFRA and FMLA at the same time?

In circumstances where a leave qualifies for both FMLA and CFRA leave, the leaves will run concurrently for a total of 12 weeks. FMLA and CFRA can work together when an employee is eligible for both laws and take leave for a reason that qualifies under both laws. In such cases, the employer must designate the leave as both FMLA and CFRA leave, and the employees’ leave counts against both the employee’s FMLA and CFRA entitlements.

For example, if a qualifying employee takes six weeks of FMLA leave to care for a seriously ill family member and then takes an additional six weeks of CFRA leave for the same reason, the employee’s leave counts against both the employee’s 12-week FMLA entitlement and their 12-week CFRA entitlement. The company must maintain the employee’s health benefits and restore the employee to the same or equivalent job upon their return to work.

It is important to note that while FMLA and CFRA have many similarities, they are separate laws with separate requirements, and an employer’s compliance with one law does not necessarily mean compliance with the other. Employers in California must comply with both FMLA and CFRA, and they must ensure that their policies and procedures comply with both laws.

FMLA violations by employers

Companies are required to comply with the provisions of FMLA and CFRA, and there are several ways to tell if an employer is following these laws:

  • Notice and posting requirement. Employers are required to provide employees with information about their rights and responsibilities under FMLA and CFRA, and to post notices in visible places in the workplace. An employee can check to see if the employer has posted required notices and distributed the necessary information to employees.

  • Eligibility requirement. Employers must determine an employee’s eligibility for FMLA and CFRA leave and notify the employee of their eligibility status. An employee can check to see if they have received the required notice of their eligibility status.

  • Leave request. Employers are required to grant qualifying employees leave for qualifying reasons under FMLA and CFRA. An employee can check to see if their employer has granted their request for leave and if the employer has designated the leave as FMLA or CFRA leave, as appropriate.

  • Restoration to job or equivalent position. Employers must restore employees who take FMLA or CFRA leave to the same or equivalent job upon their return to work. An employee can check to see if their employer has restored them to their previous job or an equivalent position with the same pay, benefits, and other conditions and terms of employment.

  • Maintenance of health benefit. Employers are required to maintain an employee’s health benefits during their FMLA or CFRA leave. An employee should check to see if their employer has continued to provide them with health benefits during their leave.

If an employee believes that their employer is not complying with FMLA or CFRA, they may wish to contact a labor law attorney or file a complaint with the U.S. Department of Labor’s Wage and Hour Division or the California Department of Fair Employment and Housing.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment

Most recent blogs:

ABC Test California - AB 5 Exceptions, Borello Factors, and Worker Status

ABC Test California: AB 5 Exceptions, Borello Factors, and Worker Status

AB 5 reshaped California worker classification with the ABC test, Borello factors, and multiple exemptions impacting industries and licensed professionals. This guide covers independent contractor rules, key exceptions, and legal consequences for misclassification under California employment law.
How Long to Keep Employee Files - Record Retention Laws, Timelines, and Best Practices

How Long to Keep Employee Files: Record Retention Laws, Timelines, and Best Practices

Keep employee records compliant with federal and state retention laws to protect your business from fines, lawsuits, and compliance issues. Establish clear policies, digitize securely, and retain files for proper timelines to ensure efficiency, privacy, and legal protection.
Separation of Employment - State Notice Requirements, Termination Letters, and Compliance Guide

Separation of Employment: State Notice Requirements, Termination Letters, and Compliance Guide

State separation laws vary, requiring employers to issue termination notices on time to reduce penalties and compliance risk. This guide covers state notice requirements, termination letters, unemployment benefit notifications, and practical steps for multi-state compliance.
Labor Code Section 2810.5 - CA Hiring and Wage Notice Guide

Labor Code Section 2810.5: CA Hiring and Wage Notice Guide

California Labor Code Section 2810.5 outlines hiring and wage notice requirements employers must follow to avoid penalties and lawsuits. Employers must provide detailed written notices, comply with minimum wage laws, and use official forms to remain compliant.
California Sick Leave Law 2025 - Employee Rights, Accrual Rules, and Local Ordinances

California Sick Leave Law 2025: Employee Rights, Accrual Rules, and Local Ordinances

California Sick Leave Law 2025 explains employee rights, accrual rules, and employer duties for paid sick time in California. Local ordinances in Los Angeles, San Francisco, Oakland, Berkeley, and Santa Monica offer additional protections and higher sick leave caps.
What Is Comp Time at Work - Definition, Legal Rules, and How It Differs from Overtime

What is Comp Time at Work? Definition, Legal Rules, and How it Differs from Overtime

Comp time lets employers offer time off instead of overtime pay, but strict legal rules often limit its use. This guide explains comp time, how it differs from overtime, and the legal risks businesses must review.
California Vacation Law Update 2025 Changes to Paid Leave, PFL Use, and Workplace Policies

California Vacation Law Update 2025: Changes to Paid Leave, PFL Use, and Workplace Policies

California’s 2025 vacation law update adds new protections for employees, impacting paid leave, workplace meetings, and contractor agreements. Employers must adjust to expanded worker rights, anti-discrimination rules, and stricter compliance requirements taking effect January 1, 2025.
California Wage Statement Rules What Must Be Shown and What to Do If Your Pay Stub Has Errors

California Wage Statement Rules: What Must Be Shown and What to Do If Your Pay Stub Has Errors

California employers must provide accurate pay stubs detailing wages, deductions, hours, and other required information under state labor laws. Employees may seek penalties, back pay, and legal action if wage statements contain errors or missing details.
What Paid Holidays Are Mandatory in California Employer Requirements, Exemptions, and Federal Worker Pay Rules

What Paid Holidays Are Mandatory in California? Employer Requirements, Exemptions, and Federal Worker Pay Rules

California law does not require private employers to provide paid holidays, though many offer them voluntarily for employee satisfaction. Federal employees in California may receive holiday premium pay, depending on eligibility and agency rules.
California Employee Rights Workplace Discrimination, Wages, and Legal Protections

California Employee Rights: Workplace Discrimination, Wages, and Legal Protections

California employees have rights covering discrimination, wages, and workplace safety under state and federal laws. This guide outlines protections against unfair treatment, retaliation, and wage violations.
SB 616 Key Changes to California Paid Sick Leave Law Every Employer Should Know

SB 616: Key Changes to California Paid Sick Leave Law Every Employer Should Know

California’s SB 616 increases paid sick leave from 24 to 40 hours, requiring policy updates for statewide employer compliance. Employers must adjust accrual, carryover, and usage rules, update handbooks, train staff, and ensure payroll accuracy.
Onboarding Paperwork Checklist 10 Key Documents Every Employer Needs for New Hires

Onboarding Paperwork Checklist: 10 Key Documents Every Employer Needs for New Hires

Onboarding paperwork supports compliance, payroll accuracy, and smooth integration for new hires with important legal, tax, and organizational documents. This checklist outlines 10 vital records employers should provide to support efficiency, clarity, and a positive start for every employee.
Resentment Examples at Work 6 Ways Workplace Tension Takes Hold

Resentment Examples at Work: 5 Ways Workplace Tension Takes Hold

Workplace resentment can silently erode trust, collaboration, and morale, leading to lasting cultural damage if left unchecked. Recognizing resentment examples helps address unresolved conflict, burnout, and broken promises before they harm productivity and team relationships.
How Many Hours Can You Work at 15 State-by-State Guide to Teen Work Limits in the U.S.

How Many Hours Can You Work at 15? State-by-State Guide to Teen Work Limits in the U.S.

Teen work laws set limits on hours for 14- and 15-year-olds, varying by state and job type. Find out work restrictions, permitted jobs, and tips for landing your first position at 14 or 15 in the U.S.
CA Exempt Salary 2025 - Minimum Wage and Exemption Updates for California Employers

CA Exempt Salary 2025: Minimum Wage and Exemption Updates for California Employers

California's 2025 exempt salary threshold increases to $68,640 annually, with minimum wage rising to $16.50 statewide. New laws also impact sick leave, union exemptions, captive audience meetings, and driver’s license requirements for job postings.
How Long to Keep Payroll Records in California - Employer Rules for 2025

How Long to Keep Payroll Records in California: Employer Rules for 2025

Employers in California must retain payroll and personnel records for up to four years to remain compliant with 2025 regulations. Digital and physical storage methods, I-9 rules, and supervisor training responsibilities are also covered in the updated requirements.
California Fair Chance Act - Updates Employers Need to Know About Criminal History Rules

California Fair Chance Act: Updates Employers Need to Know About Criminal History Rules

Employers in California must follow stricter rules on criminal history checks under the updated Fair Chance Act from October 2023. New regulations expand definitions, require tailored evaluations, and mandate written notices before rejecting candidates due to conviction records.
Breaks in California - Detailed Guide to Rest and Meal Break Rules for Employers

Breaks in California: Detailed Guide to Rest and Meal Break Rules for Employers

California employers must follow detailed rules for rest and meal breaks, including timing, written waivers, and compensation requirements. Improper or missed breaks can result in legal action, wage penalties, and issues related to industry-specific labor standards.
California Labor Code 1198.5 - Employee Rights to Personnel Records and Employer Compliance Guide

California Labor Code 1198.5: Employee Rights to Personnel Records and Employer Compliance Guide

Employees in California can request access to personnel and payroll records under strict timelines defined by Labor Code 1198.5. Employers must comply with requests within 21 to 30 days or face penalties for noncompliance with record access laws.
Reporting Time Pay in California - Worker Rights, Employer Rules, and How to Calculate It

Reporting Time Pay in California: Worker Rights, Employer Rules, and How to Calculate It

California workers must be paid for reporting time if sent home early or given fewer hours than scheduled. This article covers when wages apply, what exceptions exist, and how employers calculate the correct amount under state law.
California Wrongful Termination Checklist - A Full Guide to Employee Rights and Legal Protections

California Wrongful Termination Checklist: A Full Guide to Employee Rights and Legal Protections

Fired in California for reporting misconduct, discrimination, or taking leave? This checklist breaks down employee rights and wrongful termination claims.
California Labor Code 203 - Employer Guide to Penalties, Defenses, and Compliance Measures

California Labor Code 203: Employer Guide to Penalties, Defenses, and Compliance Measures

California Labor Code 203 imposes steep penalties for late final pay, requiring strict employer compliance. This guide covers penalty triggers, common mistakes, defenses, and steps to prevent wage claim liability.
When Is a Doctor’s Note Required for Work in California - Employee Rights, Sick Leave Rules, and Employer Policies

When Is a Doctor’s Note Required for Work in California? Employee Rights, Sick Leave Rules, and Employer Policies

California employees can use paid sick leave without a doctor's note unless absences exceed three consecutive days. Employers may request documentation only if policies are applied fairly, non-retaliatory, and consistent with privacy laws.
California Labor Code 2699 Reform- What Employers Should Know About the 2024 PAGA Amendments

California Labor Code 2699 Reform: What Employers Should Know About the 2024 PAGA Amendments

California’s 2024 PAGA amendments change employer obligations, lower penalties, and set faster resolution methods for labor disputes. Companies should check compliance policies, wage practices, and training to prevent costly Private Attorneys General Act claims.
California Termination Laws Final Pay- What Employees Should Know About Last Paychecks and Penalties

California Termination Laws Final Pay: What Employees Should Know About Last Paychecks and Penalties

California employees are entitled to timely final paychecks after quitting or termination, with strict rules based on job type. Employers risk daily penalties up to 30 days if they delay owed wages or ignore payment regulations.
California Workplace Violence Prevention Plan- Employer Responsibilities

California Workplace Violence Prevention Plan: Employer Responsibilities

California employers must establish a Workplace Violence Prevention Plan by July 1, 2024, under Senate Bill 553 requirements. This plan includes risk assessments, employee training, incident reporting, crisis response, and recordkeeping to promote workplace safety.
Is It Illegal to Discuss Wages at Work What Employers and Employees Should Know

Is It Illegal to Discuss Wages at Work? What Employers and Employees Should Know

Employees have the legal right to discuss wages at work, even if company policies say otherwise. Employers can support fair pay and open communication to help maintain trust and reduce workplace conflicts.
How Long to Keep Pay Stubs and Payroll Records- IRS, FLSA, and Legal Rules Business Owners Should Know

How Long to Keep Pay Stubs and Payroll Records: IRS, FLSA, and Legal Rules Business Owners Should Know

Keep payroll records and pay stubs organized to meet IRS, FLSA, and legal requirements for audits, claims, or disputes. Storing records digitally reduces space use and keeps documents available beyond the required minimum retention periods.
California Mileage Rate 2025 IRS Figure, Reimbursement Policy, and Employer Instructions

California Mileage Rate 2025: IRS Figure, Reimbursement Policy, and Employer Instructions

California’s mileage reimbursement rate in 2025 is 70 cents per business mile, covering fuel, maintenance, insurance, and depreciation. Employers must ensure reimbursement complies with Labor Code Section 2802 and requires accurate mileage records from employees.
California Labor Code Section 2802- Employer Reimbursement Rules for Work Expenses

California Labor Code Section 2802: Employer Reimbursement Rules for Work Expenses

California employers must reimburse workers for necessary expenses like phones, internet, mileage, and home office equipment. Employees can recover unpaid reimbursements through Labor Commissioner claims or class action lawsuits against violating employers.

Free Consultation