CFRA vs. FMLA for Pregnant Employees in California
California employees who are pregnant or expecting a new child may be covered by two different family leave laws: the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). Understanding the differences and how they interact with Pregnancy Disability Leave (PDL) is essential to maximizing your leave entitlement and protecting your job.
Overview of the California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons, including:
- The birth of a child and bonding with a newborn
- Placement of a child for adoption or foster care
- Caring for a spouse, domestic partner, child, parent, grandparent, grandchild, or sibling with a serious health condition
- The employee’s own serious health condition
CFRA applies to employers with five or more employees. To be eligible, an employee must have worked for the employer for at least 12 months and must have worked at least 1,250 hours in the 12 months prior to the start of leave.
Overview of the Federal FMLA
The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for similar qualifying reasons. Key differences from CFRA: FMLA applies only to employers with 50 or more employees, and the employee must work at a location where the employer has at least 50 employees within 75 miles.
The Critical Difference: How PDL, CFRA, and FMLA Interact
The most important distinction for pregnant California employees is how these three laws interact. PDL runs concurrently with FMLA, but does NOT run concurrently with CFRA. This means many California employees can take approximately four months of PDL plus 12 weeks of CFRA leave, totaling roughly seven months of protected leave. This stacking is one of the most significant advantages California employees have over those in other states. For more on PDL specifically, see our complete PDL guide.
- PDL runs concurrently with FMLA, taking PDL counts against your 12-week FMLA entitlement at the same time
- PDL does NOT run concurrently with CFRA, you can exhaust your full PDL entitlement and then take CFRA bonding leave
Which Employers Are Covered?
Coverage requirements vary significantly based on the size of the company:
CFRA: Covers employers with five or more employees. This means most small businesses in California must comply.
FMLA: Covers only employers with 50 or more employees, so many small businesses are exempt.
PDL: Covers employers with five or more employees, which is consistent with CFRA requirements.
If your employer has between five and 49 employees, you may be entitled to PDL and CFRA leave, but FMLA leave would not apply. If your employer has 50 or more employees, all three laws may apply to your situation.
Expanded CFRA Family Member Coverage
California’s 2021 expansion of CFRA broadened both employer coverage (from 50 to 5 employees) and the definition of covered family members. CFRA now covers leave to care for grandparents, grandchildren, siblings, and domestic partners (family relationships that FMLA does not cover).
A Typical Leave Timeline for a Pregnant California Employee
Here is how the laws might work together for a California employee who delivers and recovers from childbirth at a covered employer:
- During pregnancy: intermittent PDL (and concurrent FMLA) for prenatal appointments and pregnancy-related medical needs
- Around delivery: continuous PDL and concurrent FMLA leave for childbirth recovery, which is typically 6 to 8 weeks for vaginal delivery or longer for a Caesarean section
- After PDL: up to 12 weeks of CFRA baby bonding leave (FMLA already used, so no additional federal leave)
Employer Obligations During Leave
Under both CFRA and FMLA, your employer must:
- Maintain your group health insurance benefits during your leave under the same terms as before
- Reinstate you to the same or a comparable position when you return
- Refrain from counting protected leave against you under attendance or occurrence-based policies
- Notify you of your leave rights within five business days of learning of a qualifying reason for leave
What If Your Employer Violates These Laws?
If your employer denies, interferes with, or retaliates against you for exercising your rights, you may have legal claims under state and/or federal law. Our attorneys can help you determine which laws apply and pursue the maximum available remedies. You may also have separate claims for reasonable accommodations violations if your employer failed to modify your duties or schedule during pregnancy.
Why Choose Employee Rights Attorney Group?
The interplay between PDL, CFRA, and FMLA is complex, and employers do not always correctly administer these overlapping leave entitlements. Attorney Diana Gevorkian and our team have deep expertise in California family and medical leave law. We offer free consultations and work on a contingency basis. Contact us today.
Schedule Your Free Consultation Today
If you believe you have been discriminated against because of your pregnancy or a pregnancy-related condition, our experienced California employment attorneys are ready to fight for your rights. We offer free, confidential consultations with no obligation to hire us.
Employee Rights Attorney Group serves clients throughout Los Angeles and Southern California. There are strict deadlines to file a discrimination claim. Do not wait to get legal advice.
