The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide job‑protected leave for eligible employees dealing with serious health and family needs. For employers, understanding when these laws apply, who qualifies, and what benefits must be continued is critical to managing risk and maintaining compliance. For employees, it is equally important to understand what protections exist and how paid time off can be coordinated with these otherwise unpaid leaves.
At the federal level, FMLA generally applies to private employers that have 50 or more employees, as well as to public agencies and public and private elementary and secondary schools regardless of size.
In California, CFRA covers employers with 5 or more employees. As a result, many smaller California employers that are not covered by FMLA still must comply with CFRA, while larger employers with 50 or more employees are often covered by both laws at the same time.
On the employee side, both FMLA and CFRA use similar eligibility thresholds. An employee must have at least 12 months of service with the employer and must have worked at least 1,250 hours during the 12‑month period immediately preceding the start of the leave.
Under FMLA, the employee must also work at a location where the employer has at least 50 employees within a 75‑mile radius—a requirement that sometimes excludes remote or small satellite locations. CFRA does not include that 75‑mile requirement; instead, the focus is simply on whether the employer has at least five employees overall.
When these criteria are met, employees may take protected leave for qualifying reasons, including their own serious health condition, a covered family member’s serious health condition, or bonding with a new child through birth, adoption, or foster placement.
Both FMLA and CFRA provide up to 12 workweeks of job‑protected leave in a 12‑month period for most qualifying reasons, with FMLA offering an extended 26‑week entitlement in limited military caregiver situations. During this time, the employer must maintain the employee’s group health insurance on the same terms as if the employee were actively working. That means the employer must continue to pay its usual share of premiums and keep the same level of coverage in place, and the employee must continue paying their normal share (often through direct payment rather than payroll deduction while on unpaid leave). This continuation of benefits lasts for the duration of the protected leave period. At the conclusion of FMLA or CFRA leave, the employer must generally return the employee to the same or a comparable position, subject to narrow exceptions such as certain “key employee” situations under FMLA.
Although FMLA and CFRA leaves are, by default, unpaid, they can be coordinated with an employee’s existing paid time off. Some employers voluntarily pay for a portion of the leave, and in some circumstances employers in different locales may be required to supplement the leave.
Employees may choose to use accrued vacation/PTO or available paid sick leave to cover some of the leave period. Employees may also be eligible for wage replacement benefits through the California EDD or under various short-term or long-term insurance policies.
In some circumstances employers may require employees to use certain paid leaves concurrently with FMLA or CFRA, so long as they do so in a manner consistent with their written policies and applicable California wage‑and‑hour and paid sick leave laws.
Because FMLA and CFRA often apply at the same time, and because California imposes additional protections beyond the federal baseline, both employers and employees are well‑served by getting legal guidance before making major decisions about leave, benefits, and return‑to‑work obligations. A careful review of the size of the workforce, the employee’s work history and location, and the employer’s policies on paid time off is essential to determining which law applies and how best to structure a leave.
If you have questions about medical leaves, whether for your own or a family member’s medical condition, contact the Nuddleman Law Firm. We advise employers and employees and help them navigate the different leave laws that apply.