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:

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.
Double Time California- When Employers Are Required to Pay Twice the Regular Hourly Rate and How It Is Calculated

Double Time California: When Employers Are Required to Pay Twice the Regular Hourly Rate and How It Is Calculated

California employers must pay double-time wages in situations like 12-hour shifts or working seven days without a break. This article covers who qualifies, common payroll mistakes, and how double-time compensation should be figured under California law.
Tip Pooling Rules in Every State- What Restaurant Owners Must Know

Tip Pooling Rules in Every State: What Restaurant Owners Must Know

Tip pooling laws vary by state, affecting how restaurants manage tips and comply with federal and local wage rules. Restaurant owners are required to follow guidelines to avoid fines, lawsuits, and disputes over tip distribution and service charges.
How Long Does an Employer Have to Pay You After Payday in California- Legal Timeframes, Rules, and Consequences

How Long Does an Employer Have to Pay You After Payday in California: Legal Timeframes, Rules, and Consequences

Employers in California must pay wages on time or face fines, including back pay and waiting time penalties for delayed checks. Employees may pursue compensation for late or missing pay through legal claims tied to payroll violations under state labor law.
CA Exempt Employee Classification- Definitions, Exemptions, and Legal Exposure for Employers

CA Exempt Employee Classification: Definitions, Exemptions, and Legal Exposure for Employers

Employers risk lawsuits and large settlements when CA workers are misclassified under state exemption rules. Roles must be reviewed regularly to match duties.
How to Get a Job at 14- Simple Steps for Teens Who Want to Start Working

How to Get a Job at 14: Simple Steps for Teens Who Want to Start Working

Many teens can get jobs at 14 with the right documents, clear goals, and a simple but effective resume. This article explains rules, permits, applications, interviews, and ways to stay focused during your first job search.
How Many Hours Can a 17-Year-Old Work in California During School Labor Rules You Should Know

How Many Hours Can a 17-Year-Old Work in California During School? Labor Rules You Should Know

California limits how many hours 17-year-olds can work during school to protect their safety, education, and wages. Know the labor rules that apply to minors and what families should do if employers violate state employment laws.
AB 1228 Summary - California Fast Food Law on Wages, Council Authority, and Business Impact

AB 1228 Summary: California Fast Food Law on Wages, Council Authority, and Business Impact

California's AB 1228 law sets a $20 hourly wage for fast food workers and forms a state-level Fast Food Council. It changes employment rules, impacts exempt pay requirements, and raises business cost issues for restaurants and their customers.
Can a 13 Year Old Work - 14 Real Ways for Young Teens to Earn Money Safely

Can a 13 Year Old Work? 14 Real Ways for Young Teens to Earn Money Safely

A 13-year-old can safely earn money through creative, age-appropriate jobs like babysitting, pet care, or blogging. This guide lists 14 proven options that balance responsibility, fun, and parental supervision.
Severance Pay California - What It Includes and How to Change the Terms

Severance Pay California: What It Includes and How to Change the Terms

California severance pay is not legally required, but agreements often include pay, benefits, and legal waivers. Employees can negotiate terms, challenge clauses, and improve severance offers with legal or personal review.
Employment Litigation - Key Issues in Job Termination, Discrimination, and Harassment Cases

Employment Litigation: Key Issues in Job Termination, Discrimination, and Harassment Cases

Employees may sue for job termination, discrimination, or harassment when workplace actions violate federal or state employment rules. This article explains legal protections, common violations, and employee rights involved in workplace-related lawsuits.
Company Morale - 20 Practical Ways to Improve Workplace Culture and Engagement

Company Morale: 20 Practical Ways to Improve Workplace Culture and Engagement

Improve company morale with 20 practical tactics that strengthen workplace culture, boost motivation, and support everyday team interaction. Encourage positivity, increase retention, and support employee satisfaction through real-world practices designed for today's professional environment.
California Mileage Reimbursement 2025 - Rate Details, Methods, and Employer Duties

California Mileage Reimbursement 2025: Rate Details, Methods, and Employer Duties

California employers must reimburse staff for business-related vehicle use based on mileage rates or alternative approved methods. The 2025 policy outlines IRS rates, covered expenses, and mandatory employer responsibilities under California labor law.
Temporary Disability California - Workers’ Compensation Coverage, Benefit Limits, and Qualifying Conditions

Temporary Disability California: Workers’ Compensation Coverage, Benefit Limits, and Qualifying Conditions

Temporary disability in California pays part of your wages after a workplace injury confirmed by an approved medical provider. Eligibility, time limits, and payment amounts depend on work status, legal codes, employer options, and medical updates.
Legal Age to Work in 2025- Employment Limits for Minors

Legal Age to Work in 2025: Employment Limits for Minors

State and federal laws set age, hour, and job restrictions for minors working in 2025 to protect their safety. Review employment limits for children across all fifty states, including agricultural rules, certificates, and non-hazardous job requirements.

Free Consultation