If you or someone you love is in a serious medical situation, understanding the difference between CFRA vs. FMLA can be essential to taking time off from work. We’ll explore these two family leave laws in California to help you understand your coverage and how Jacob Emrani can help protect your rights while on medical leave.
What Is FMLA?
The Family and Medical Leave Act, or FMLA, is a federal law that outlines the details of job-protected medical leave for eligible employees. It states that you can take up to 12 weeks of unpaid leave if you or a family member is dealing with a serious medical condition. It also covers family scenarios such as birth or adopting a child, as well as military caregiver duties. If you take FMLA, your employer is required to return you to the same position when you return to work, or to an equivalent position. They’re also required to maintain your employee health benefits during this time.
Qualifying for FMLA
In order to qualify for FMLA leave in California, you must meet the required eligibility criteria. Your employer must be covered under the act, and you must have worked for them for a minimum of 12 months. You’ll also need to have worked at least 1,250 hours in the past year.
What Is CFRA?
The California Family Rights Act, or CFRA, is a state law that mandates unpaid leave from your job for family and medical reasons. Like FMLA, it allows you up to 12 weeks of job-protected leave, and covers serious health conditions for yourself or a family member. It also includes birth and adoption leave and qualifying military exigencies.
Qualifying for CFRA
The CFRA has several similarities to the FMLA in terms of required qualifications. You must have worked at least 12 months for your employer at the time of leave-taking, and have logged 1,250 hours of work in the previous year.
Key Differences Between CFRA and FMLA
The CFRA and FMLA both offer legal coverage for medical leave, but they differ in several key ways. Which law offers more protection depends on your particular medical scenario, although the CFRA is often considered more expansive because it covers a wider range of family members.
Jurisdiction
The FMLA is a federal law, while the CFRA is California state law. In some cases both laws may apply if you are an employee in California.
Eligibility Criteria
While both laws require you to have worked for your employer for at least one year, and to have worked at least 1,250 hours in the previous year, they differ in the size of the business you work for. The FMLA requires that you work for an employer with at least 50 employees in a 75-mile radius, or that you are employed by a public agency like a school. The CFRA applies to much smaller businesses, and only requires that your employer have at least five employees.
Eligible Family Members
The FMLA only allows you to take leave for medical situations that apply to yourself, a parent, a spouse, or a child. The CFRA is more expansive when it comes to family members, and grants you leave for yourself, parents, your spouse, children, siblings, grandparents, grandchildren, parents-in-law, registered domestic partners, and in some cases a “designated person”.
Pregnancy Coverage
The FMLA considers pregnancy as a serious health condition, meaning your pregnancy leave is covered under the 12 weeks of unpaid, job-protected leave. The CFRA does not cover pregnancy, which is covered instead by a separate act called the California Pregnancy Disability Leave, or PDL. This is important because the PDL allows you to take a separate leave for the pregnancy, and the 12-week leave from the CFRA is still available should you need more leave afterward to bond with your child.
Military Coverage
The FMLA specifies that you can take leave to act as a military caregiver, or for other qualifying military exigencies. The CFRA doesn’t specify details about military caregiving, but if the service member is a member of your family, a spouse, or someone else covered under the act, you can take leave to care for them.
When Both Laws Apply
In some cases, a given health or caregiving scenario may be covered under both the CFRA and the FMLA. When something is covered under both protective leave laws in California, the leave runs concurrently, meaning you’ll only be able to take a total of 12 weeks off, not 24 weeks. However, in situations where the laws differ, you may be able to take leave one after the other. For example, in the case of pregnancy, the PDL gives you four months of leave, and then you can take up to 12 months of leave afterwards from your CFRA.
If the two laws are in conflict, California law requires that your employer grant you the more generous option. This is called the “More Protective” rule, and the team at Jacob Emrani can help you pursue your leave rights if your case entitles you to more leave.
Protecting Your Rights During Leave
Both the CFRA and the FMLA entitle you to up to 12 months of unpaid leave that maintains the same or an equivalent position, duties, and pay as your original job. You’re also entitled to ongoing employee health benefits from your employer. If you or a family member is facing a medical situation that requires you to take leave under the CFRA or FMLA, the team at Jacob Emrani can help you protect your employee leave rights in California. We’ll talk to you about your eligibility, your leave needs, and your employment position to uphold your leave rights, maintain your medical benefits, and help you ensure you have the right pay and position when you return to work.
Call Jacob Emrani for Expert Employment Law Support in Southern California
When you need employment law support in Southern California, count on the team at Jacob Emrani for expert legal solutions. We’re experienced at navigating the CFRA and the FMLA and can help you protect your rights under either or both laws. Contact us today to book your free legal consultation and learn more about how Jacob Emrani can help you win your case.