How does CFRA (California Family Rights Act) leave work?

Quick answer

CFRA provides eligible California employees with up to 12 workweeks of unpaid, job- and benefit-protected leave in a 12-month period for their own serious health condition (excluding pregnancy, which falls under PDL), caring for a family member or designated person with a serious health condition, bonding with a new child, or a qualifying military exigency. To be eligible, an employee must have worked at least 12 months and at least 1,250 hours in the previous 12 months, and their employer must have 5 or more employees. Unlike FMLA, CFRA does not permit employers to request a diagnosis.

Who this applies to / Prerequisites

• Employers with 5 or more employees in California
• Employees with at least 12 months of tenure and at least 1,250 hours worked in the prior 12 months (different rules apply for airline flight crew employees)
• CFRA "family member" includes a child (or child of a domestic partner) regardless of age or dependency, parent, parent-in-law, spouse or registered domestic partner, grandparent, grandchild, and sibling
• CFRA "designated person" includes anyone related by blood, or whose relationship with the employee is the equivalent of a family relationship

Qualifying reasons

1. The employee's own serious health condition (excluding pregnancy, childbirth, or related medical conditions — those are covered under PDL instead).
2. Caring for a qualifying family member or designated person with a serious health condition, including pregnancy.
3. The birth of a child, and bonding with the newborn within a year of birth.
4. The placement of a child with the employee for adoption or foster care, and bonding within a year of placement.
5. A qualifying exigency arising from a spouse, domestic partner, child, or parent's covered active duty or call to active duty.

How CFRA interacts with other leave types

1. CFRA and PDL do not run concurrently for pregnancy-related leave — but an eligible employee can use CFRA after exhausting PDL.
2. CFRA, FMLA, and SDI run concurrently when applicable, for both pregnancy-related and other medical leaves.
3. CFRA, FMLA, and PFL run concurrently when applicable for caregiving leaves.
4. CFRA, FMLA, PFL, and SF PPLO run concurrently when applicable for bonding leaves.
5. Leave for the birth or placement of a child does not need to be taken continuously. The minimum increment is 2 weeks, but the employer must grant up to 2 requests for leave in increments of less than 2 weeks.
6. Parents employed by the same employer — married or not — may each take a full 12 workweeks to bond with a newborn or newly placed child.

What if it doesn't work

• Employee is requesting leave for pregnancy itself: This falls under PDL, not CFRA. CFRA may be used afterward if the employee has exhausted PDL.
• Employer wants to request a diagnosis for the certification: CFRA does not permit this, unlike FMLA.
• Employee wants to take bonding leave in smaller increments: The employer must grant up to 2 such requests below the standard 2-week minimum increment.
• Two parents at the same employer both want to bond with the same child: Each parent is independently entitled to up to 12 workweeks.
• If none of these apply, contact your Leave Success Manager.

Limits and exceptions

• CFRA applies to employers with 5 or more employees — a lower threshold than FMLA's 50-employee coverage requirement.
• CFRA excludes pregnancy, childbirth, and related medical conditions from its "own serious health condition" category — those are covered under PDL.
• CFRA does not allow employers to request a diagnosis on a medical certification, unlike FMLA.
• CFRA and PDL never run concurrently for pregnancy-related leave.

Related questions

• What's the difference between CFRA and PDL?
• Can my employer ask for a diagnosis under CFRA?
• Can both parents take CFRA leave to bond with the same child?
• Does CFRA run concurrently with FMLA?
• How many employees does my employer need for CFRA to apply?