In California, employees may qualify for leave under the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA). Both provide job-protected leave but differ in eligibility and scope, and it is important for workers to understand the difference.
California Family Rights Act
The California Family Rights Act allows employees who work for a company with five or more employees to take time off without losing their jobs.
To be eligible, employees must have been with the company for at least 12 months and worked at least 1,250 hours in the past year. CFRA allows time off for an employee’s own serious health issue or a family member’s serious health issue. It also provides time off to spend with a new baby.
It does not include leave for an employee’s pregnancy. Upon returning, employees are entitled to their original job or an equivalent position with the same pay and benefits.
Family and Medical Leave Act
The Family and Medical Leave Act applies to companies with 50 or more employees. Like CFRA, it requires employees to have been employed for at least 12 months and worked 1,250 hours in the past year.
FMLA covers leave for an employee’s or family member’s serious health condition or baby bonding, but it also includes leave for conditions related to pregnancy.
Like CFRA, FMLA ensures job protection, allowing employees to return to their original or equivalent position with the same pay and benefits.
Each law protects employees’ rights to take leave, but knowing how they differ is essential to ensure employees understand their rights in the workplace. It can also significantly affect how you manage your leave effectively.
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