In California, the Family Leave Act is a crucial safeguard that allows employees to take time off from work for family – related reasons without the fear of losing their jobs. This act is designed to balance the needs of workers with their family responsibilities, and understanding who is eligible is essential for both employees and employers.
The California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) is the primary legislation governing family leave in the state. It provides certain employees with the right to take up to 12 weeks of unpaid, job – protected leave during a 12 – month period for specific family – related circumstances.
Employer Coverage – Private Employers: A private employer engaged in any business in California that has at least five employees is covered by CFRA. Before January 1, 2021, the threshold was higher, often 50 employees within 75 miles of the employee’s worksite. However, as of 2021, this was changed to include smaller businesses with five or more employees. For example, a local bakery with six employees in Los Angeles must comply with CFRA regulations.
Government Employers: The state of California and any other political or civil subdivisions, regardless of the number of employees, are also covered. This means that county offices, city government departments, and state agencies must adhere to the provisions of CFRA.
Employee Eligibility Criteria
Length of Employment: The employee must have been employed for a total of 12 months by the employer prior to starting the leave. The 12 – month period does not have to be consecutive. For instance, if an employee worked for a company for 8 months, took a break, and then returned to work for another 4 months before applying for family leave, they may still meet this requirement.
Hours Worked: The employee must have worked for the employer for at least 1,250 hours during the 12 – month period before the CFRA leave date. This is to ensure that the employee has had a substantial work history with the employer. For example, if an employee works part – time and only accumulates 1,000 hours in the 12 – month period, they would not be eligible based on this criterion.
Qualifying Reasons for Leave
Child – Bonding Leave
Birth of a Child: Employees can take leave within 12 months of the birth of a child. This leave is to bond with the newborn. It is available to both mothers and fathers. For example, a father may take CFRA leave a few weeks after the birth of his child to spend time with the baby and support his partner.
Adoption or Foster Care Placement: When a child is adopted or placed in foster care, eligible employees can take leave. The leave must conclude within 12 months of the adoption or foster care placement. This gives the parents time to acclimatize the new child to the family environment.
Caring for a Family Member with a Serious Health Condition
Definition of Family Member: “Family member” under CFRA includes a spouse or registered domestic partner, children (including children of a domestic partner), parents and parents – in – law, siblings, grandparents, grandchildren, and a designated person. A designated person is any individual related by blood or whose association with the employee is the equivalent of a family relationship. For example, an employee may take leave to care for a sick grandparent who has been a significant part of their life.
Serious Health Condition: A “serious health condition” is an illness, injury, or physical or mental condition that requires:
Any period of incapacity or treatment in connection with inpatient care. For example, if a family member is hospitalized for a major surgery, the employee can take leave to care for them during their recovery.
Any period of incapacity requiring time away from work or school for more than three consecutive days. This could be due to a severe flu, a broken bone, or other non – chronic conditions that keep the family member incapacitated.
Ongoing treatment by a health care provider for an incurable health condition. Conditions like cancer, where the patient requires regular chemotherapy, would fall under this category.
Restorative dental or plastic surgery following an accident. If a family member is in a car accident and needs reconstructive surgery, the employee may be eligible for leave.
Employee’s Own Serious Health Condition
If an employee has a serious health condition that prevents them from performing their job, they are eligible for CFRA leave. However, pregnancy – related disabilities are not covered under CFRA for this purpose. Instead, there are separate provisions for pregnancy – related leaves. For example, if an employee is diagnosed with a heart condition that requires surgery and a long recovery period, they can take CFRA leave.
Qualifying Military Exigency
If an employee’s spouse, registered domestic partner, child, or parent is on active duty or called to active duty in the U.S. armed forces, and there is a qualifying exigency, the employee can take CFRA leave. A “qualifying exigency” involving military – related leave includes:
Short – notice deployment: When a family member is suddenly deployed, the employee may need time to make arrangements at home. – Military events and activities: Such as military ceremonies or events where the presence of the family member is required.
Child care and school activity arrangements: If the military deployment affects the normal child – care or school – related arrangements of the family. – Financial and legal arrangements: For example, handling financial matters or legal paperwork in the absence of the deployed family member. –
Counseling: The employee may need time to seek counseling due to the stress of having a family member on active duty.
Paid Family Leave (PFL) in California
In addition to the job – protected leave under CFRA, California also offers Paid Family Leave. PFL is a state – sponsored program that provides partial wage replacement to eligible employees who take time off work to bond with a new child, care for a seriously ill family member, or participate in certain military – related activities.
Eligibility for PFL – Employment Status: Most employees who work in California and pay into the State Disability Insurance (SDI) program are eligible for PFL. This includes full – time, part – time, and even some self – employed individuals who elect to participate in the SDI program.
Wage Replacement Rates: As of 2025, there are two wage replacement tiers. Employees with an annual income of less than $63,000 can receive up to 90% of their average weekly wage during the leave period. Those with an annual income of $63,000 or more receive 70% of their average weekly wage. For example, an employee earning $50,000 per year would receive a significant portion of their regular income while on PFL to care for a sick family member.
Interaction with CFRA
PFL can be taken in conjunction with CFRA. While CFRA provides job protection, PFL provides financial support during the leave. For example, an employee taking CFRA leave to bond with a new – born can also apply for PFL to receive partial wage replacement during that time.
Interaction with the Federal Family and Medical Leave Act (FMLA)
The federal Family and Medical Leave Act (FMLA) also provides certain employees with the right to take unpaid, job – protected leave. However, there are differences between FMLA and CFRA.
Employer Coverage: FMLA generally applies to employers with 50 or more employees within a 75 – mile radius. In contrast, CFRA applies to smaller employers (5 or more employees in California).
Employee Eligibility: The eligibility criteria for FMLA are similar to CFRA in terms of the 12 – month employment and 1,250 – hour work requirements. But the definitions of family members and qualifying reasons for leave can vary slightly. For example, FMLA’s definition of a “serious health condition” may have some differences in interpretation compared to CFRA.
Coordination: If an employee’s leave qualifies under both FMLA and CFRA, the leaves run concurrently. This means that the 12 – week leave period under both acts is combined, and the employee cannot take 12 weeks of FMLA leave and then another 12 weeks of CFRA leave for the same qualifying reason.
Special Considerations and Exceptions
Intermittent Leave
CFRA allows for intermittent leave in certain situations. This means that instead of taking the entire 12 – week leave in one continuous block, an employee can take leave in smaller increments. However, there are rules about how intermittent leave can be taken. In most cases, the minimum amount of time that may be taken is 2 weeks, but the California Department of General Services will grant a leave of at least one day, but less than two weeks on any two occasions. For example, an employee caring for a family member with a chronic illness may take a few days off here and there over a period of several months.
Employer – Imposed Requirements
Employers are allowed to require employees to provide medical certification of a serious health condition in some cases. This helps the employer verify that the leave is being taken for a legitimate reason. However, in practice, this does not occur very often. Employers must also provide employees with notice of their rights and obligations under CFRA, usually in writing, within a certain time frame when an employee requests leave.
Consequences of Non – Compliance
If an employer violates CFRA by refusing to grant leave to an eligible employee, failing to reinstate an employee after leave ends, or retaliating against an employee for taking leave (such as wrongfully terminating or harassing them), the employee can take legal action. The employee may be able to win reinstatement to their job, back pay, reasonable attorney’s fees, damages for emotional distress, and administrative fines. For example, if an employer fires an employee because they took CFRA leave to care for a sick child, the employee can file a complaint with the California’s civil rights department (CRD) and potentially receive significant compensation.
In conclusion, understanding the eligibility requirements for the Family Leave Act in California is crucial for both employees and employers. Employees need to know their rights to ensure they can take the necessary time off to care for their families or themselves without sacrificing their jobs. Employers, on the other hand, must be aware of their obligations to avoid legal issues and maintain a positive work environment. As the law continues to evolve, it is important to stay updated on any changes to the Family Leave Act to ensure compliance and protect the rights of all parties involved.
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