California Family Rights Act (CFRA)

What Is the California Family Rights Act?

The California Family Rights Act (CFRA), codified in Government Code Sections 12945.1-12945.2, provides eligible employees with up to 12 weeks of unpaid, job-protected leave during any 12-month period for specified family and medical reasons. CFRA is California's state-level equivalent to the federal Family and Medical Leave Act (FMLA), though it offers broader protections in several key areas.

CFRA ensures that employees can take necessary time off to care for themselves or family members without fear of losing their jobs. Upon returning from CFRA leave, employees are entitled to be restored to the same or a comparable position with equivalent pay, benefits, and working conditions.

California Requirements

Employer Coverage

CFRA applies to employers who employ:

Employer Type	Coverage Threshold
Private employers	5 or more employees
State and local government	All employees
Federal employees	Not covered by CFRA (covered by FMLA)

Important Change: As of January 1, 2021, CFRA coverage was expanded from employers with 50+ employees to those with 5+ employees, significantly broadening protection for California workers.

Employee Eligibility

To be eligible for CFRA leave, an employee must meet ALL of the following requirements:

Requirement	Details
Length of Service	12 months of employment with the employer
Hours Worked	1,250 hours during the 12 months before leave begins
Work Location	Work at a location with at least 5 employees within 75 miles

Note: The 12 months of employment need not be consecutive. Any time worked for the employer within the previous seven years counts toward the 12-month requirement.

Qualifying Reasons for CFRA Leave

Employee's Own Serious Health Condition

Employees may take CFRA leave for their own serious health condition that makes them unable to perform the essential functions of their job. A "serious health condition" includes:

• Inpatient care in a hospital, hospice, or residential medical facility
• Continuing treatment by a health care provider
• Chronic conditions requiring periodic treatment
• Conditions requiring multiple treatments
• Pregnancy-related conditions (though Pregnancy Disability Leave is typically used first)

Family Member Care

Employees may take leave to care for a family member with a serious health condition. CFRA's definition of "family member" is broader than FMLA:

Covered Family Members	Relationship
Spouse	Legal spouse
Domestic Partner	Registered domestic partner
Child	Biological, adopted, foster, stepchild, legal ward, or child of domestic partner (no age limit)
Parent	Biological, foster, adoptive parent, stepparent, legal guardian, or in loco parentis
Grandparent	Parent of employee's parent
Grandchild	Child of employee's child
Sibling	Brother or sister
Designated Person	One person per 12-month period identified by employee

Bonding with a New Child

CFRA leave is available for bonding with a new child within 12 months of:

• Birth of the employee's child
• Placement of a child with the employee through adoption
• Placement of a child with the employee through foster care

Military Exigency Leave

Employees may take CFRA leave for qualifying exigencies related to a family member's active duty or call to active duty in the Armed Forces.

How CFRA Differs from FMLA

Feature	CFRA	FMLA
Employer Size	5+ employees	50+ employees
Family Members	Includes grandparents, grandchildren, siblings, domestic partners, designated person	Spouse, parent, child only
Pregnancy	Separate from PDL; additional 12 weeks for bonding	Concurrent with pregnancy disability
Domestic Partners	Covered	Not covered
Child Age	No age limit for disabled children	Adult children must be incapable of self-care

Leave Duration and Calculation

Standard Leave Entitlement

Leave Type	Duration
Per 12-month period	Up to 12 workweeks
Bonding leave	Must be completed within 12 months of birth/placement
Minimum increment	2 weeks for bonding; can be less in some circumstances

12-Month Period Calculation Methods

Employers may choose one of the following methods to calculate the 12-month period:

1. Calendar year: January 1 through December 31
2. Fixed 12-month period: Any fixed 12-month period (e.g., fiscal year, anniversary date)
3. Rolling 12-month period: Measured backward from the date leave is used
4. Rolling forward: 12-month period measured forward from first day of leave

Employer Requirement: The method must be applied consistently to all employees and should be stated in the company's CFRA policy.

Intermittent and Reduced Schedule Leave

When Permitted

Leave Type	Intermittent/Reduced Schedule
Employee's serious health condition	Yes, when medically necessary
Care for family member	Yes, when medically necessary
Baby bonding	Minimum 2-week increments; employer may grant shorter periods
Military exigency	Yes

Tracking Intermittent Leave

When leave is taken intermittently, only the actual time taken counts against the 12-week entitlement.

Example Calculation:

Employee normally works 40 hours/week
Takes 4 hours for treatment appointment
Leave used: 4/40 = 0.1 weeks
Remaining entitlement: 12 - 0.1 = 11.9 weeks

Employee Notice Requirements

Situation	Notice Requirement
Foreseeable leave	At least 30 days advance notice
Unforeseeable leave	As soon as practicable (same or next business day)
Medical appointments	Schedule to minimize workplace disruption when possible

Content of Employee Notice

Employees do not need to specifically mention "CFRA" but must provide sufficient information for the employer to determine if the leave qualifies. Information may include:

• The anticipated duration of leave
• Whether leave will be continuous or intermittent
• The general reason for leave (enough to establish CFRA eligibility)

Employer Obligations

Response Timeline

Employer Action	Deadline
Acknowledge leave request	5 business days
Request medical certification	At time of acknowledging request
Respond to certification	5 business days after receiving

Required Notices to Employees

Employers must provide:

1. General Notice: Posted in a conspicuous place and included in employee handbooks
2. Eligibility Notice: When employee requests leave or employer learns of qualifying reason
3. Rights and Responsibilities Notice: Information about certification requirements, paid leave substitution, etc.
4. Designation Notice: Whether leave is designated as CFRA leave

Medical Certification

Employers may require medical certification that includes:

• Date the serious health condition began
• Probable duration of the condition
• Medical facts supporting the need for leave
• For family care: statement that employee is needed to provide care

Employers may NOT require:

• Diagnosis or specific medical information beyond what's necessary
• Second or third opinions (unlike FMLA)
• Recertification more frequently than every 30 days

Job Protection and Reinstatement

Reinstatement Rights

Upon return from CFRA leave, employees are entitled to:

Guarantee	Description
Same position	Return to the exact position held before leave
Comparable position	If same position unavailable, equivalent position with same pay, benefits, shift, location
Benefits continuation	Same benefits as if employee had continued working
No loss of seniority	Seniority continues to accrue during leave

Key Employee Exception

A "key employee" (salaried, among highest-paid 10%) may be denied reinstatement if:

• Restoration would cause substantial economic injury to employer
• Employer notifies employee of key employee status
• Employee is given opportunity to return to work

Coordination with Other Leaves

CFRA and Pregnancy Disability Leave

Leave Type	Duration	When Used
Pregnancy Disability Leave	Up to 4 months	During pregnancy-related disability
CFRA Baby Bonding	Up to 12 weeks	After PDL, for bonding with newborn
Total Potential Leave	Up to 7 months	Combined PDL + CFRA

CFRA and Paid Leave Programs

CFRA is unpaid leave, but employees may use:

• Paid sick leave (employer may not require, but employee may choose)
• Accrued vacation time
• California State Disability Insurance (SDI) for own serious health condition
• Paid Family Leave (PFL) for family care or bonding

Important: Employer cannot require employees to exhaust sick leave before or during CFRA leave for the employee's own health condition.

Benefits During CFRA Leave

Health Insurance Continuation

Requirement	Details
Employer obligation	Maintain group health coverage at same level and conditions
Duration	For the entire 12-week CFRA leave period
Premium payment	Employer continues paying employer portion
Employee portion	Employee must continue paying their share

Other Benefits

• Seniority and pension benefits: Continue to accrue as if employee were working
• Bonus and incentive programs: Employee entitled to any payments earned before leave
• Holiday pay: Employee entitled to holiday pay that falls during leave

Prohibited Employer Actions

Employers may NOT:

• Interfere with, restrain, or deny exercise of CFRA rights
• Discriminate or retaliate against employees for taking CFRA leave
• Count CFRA leave against employee in attendance policies
• Require employees to find their own replacement
• Discourage employees from taking leave

Enforcement and Remedies

Filing a Complaint

Employees who believe their CFRA rights have been violated can:

1. File with Civil Rights Department (CRD): Within 3 years of the violation
2. Request immediate right-to-sue: To file directly in court
3. File lawsuit: In state court

Available Remedies

Remedy	Description
Reinstatement	Return to same or comparable position
Back pay	Lost wages and benefits
Front pay	Future lost earnings if reinstatement not feasible
Benefits restoration	Health insurance, pension, etc.
Compensatory damages	Emotional distress, out-of-pocket expenses
Attorney's fees	Reasonable fees and costs

Compliance Best Practices

For Employers

1. Develop comprehensive CFRA policy that meets all notice requirements
2. Train HR staff and managers on CFRA obligations
3. Create standardized forms for leave requests and certifications
4. Track leave accurately, especially intermittent leave
5. Document all communications related to CFRA requests
6. Never make employment decisions based on CFRA usage

Common Mistakes to Avoid

• Applying FMLA rules when CFRA rules differ
• Failing to count small employers (5+ employees now covered)
• Not recognizing all covered family relationships
• Requiring second medical opinions
• Running CFRA concurrent with PDL
• Failing to maintain benefits during leave

Practical Example

Scenario: Carlos works for a company with 15 employees in California. He has worked there for 2 years, averaging 35 hours per week. His mother is diagnosed with cancer and needs help with treatment.

Analysis:

• Employer covered? Yes (5+ employees)
• Carlos eligible? Yes (12+ months service, 1,820 hours worked, worksite has 5+ employees)
• Qualifying reason? Yes (care for parent with serious health condition)

Leave Plan: Carlos requests intermittent CFRA leave to take his mother to chemotherapy appointments every other week (4 hours each visit).

Calculation over 12 weeks:

• 6 appointments x 4 hours = 24 hours used
• Carlos's normal schedule: 35 hours/week
• Leave used: 24/35 = 0.69 weeks
• Remaining CFRA entitlement: 11.31 weeks

Carlos maintains his job protection, health benefits continue, and his employer cannot retaliate against him for taking this leave.