FMLA Laws In California (2026): Your Job Is Protected

Most people have no idea how much time off California law actually gives you. Seriously. You could take up to 12 weeks away from work and your boss can’t fire you or knock you back to a lower position. Okay, pause. This is important stuff.

California actually offers more leave protections than most states. You get federal FMLA rights AND a state law called CFRA that’s often even better. Let’s break down exactly what you’re entitled to.

What Is Family and Medical Leave?

Family and medical leave is time off work when you really need it. You might need it for having a baby. You might need it to care for a sick parent. Or maybe you’re dealing with your own health crisis.

Here’s the good part: taking this leave is job-protected. That means your boss can’t fire you, demote you, or treat you differently for taking it. Pretty straightforward, right?

California has TWO leave laws that work together. The federal law is FMLA (Family and Medical Leave Act). The state law is CFRA (California Family Rights Act). Most people don’t realize they often get both at the same time.

Understanding FMLA in California

The FMLA is a federal law that applies across all 50 states. It’s been around since 1993. Think of it like a nationwide safety net for workers.

If your employer has 50 or more employees, FMLA protects you. You can take up to 12 weeks of unpaid leave per year. Your job stays yours. Your health insurance continues. It’s solid protection.

But here’s what makes California different: CFRA is often better.

Who Gets FMLA Protection?

You qualify for FMLA if you check all these boxes. Ready?

You must work for a company with 50 or more employees. This counts employees within 75 miles of your work location. So if you work at a small branch but the company has 50+ people total, you might qualify.

You need to have worked there for at least 12 months. This doesn’t have to be continuous. Gaps are okay. The clock is measuring whether you’ve been on the payroll long enough.

You must have worked at least 1,250 hours in those 12 months. That’s roughly 24 hours per week. Part-time workers can qualify. It depends on your actual hours worked.

Not sure if your company counts? Look at your employee handbook or ask HR.

California’s CFRA: Often Better Than FMLA

Here’s where California gets interesting. California passed its own family leave law in 1993, the same year as FMLA. But California kept improving it while FMLA stayed the same.

CFRA covers way more people. It applies to employers with just five or more employees. That means even small California businesses must follow it. If you work for a tiny company, CFRA might be your only protection.

Wondering if your employer is covered? Basically, if you have a boss and work with four other people, your employer is probably covered.

Eligibility for CFRA

CFRA eligibility is pretty straightforward. You need to meet two main requirements.

First, you must have worked for the company for 12 months. Like FMLA, this doesn’t need to be continuous. Gaps don’t hurt you.

Second, you must have worked at least 1,250 hours in those 12 months. Same calculation as FMLA. It’s basically a full-time job’s worth of hours.

That’s honestly it. No other requirements. You don’t need to have worked at the worksite for 75 miles like FMLA requires. You don’t need a huge company. California makes it accessible.

What Reasons Let You Take Leave?

Both FMLA and CFRA let you take time off for similar reasons. But CFRA covers a bit more. Let me break this down.

Baby Bonding Leave

Having a baby? You can take up to 12 weeks off to bond with your newborn. This applies whether you gave birth, adopted, or took in a foster child.

The key is you must take this leave within one year of the birth or placement. You can’t save it up and use it when the kid is five. You use it in that first year window.

This is one of the most common reasons people take this leave. And honestly, it makes total sense.

Caring for a Seriously Ill Family Member

What counts as “family”? Here’s where CFRA is actually more generous than FMLA.

Under CFRA, your family includes your spouse, child, parent, grandparent, grandchild, sibling, registered domestic partner, and even a “designated person.” That designated person term was added in 2022. It means someone you’re related to by blood or whose relationship is like family to you.

You can also care for your mother-in-law, father-in-law, and other in-laws under CFRA.

FMLA is stricter. It only covers spouse, child, and parent. No grandparents. No siblings. No domestic partners unless you’re married to them.

Under both laws, the family member must have a “serious health condition.” This includes things like cancer treatment, surgery recovery, mental health conditions requiring ongoing treatment, or anything requiring hospital care.

Your Own Serious Health Condition

Maybe you’re the one who’s sick or injured. Both laws cover that.

A serious health condition is broadly defined. It includes anything that requires hospital care. It includes anything requiring ongoing treatment by a doctor. It includes conditions that cause you to miss work for three or more days.

This could be a broken leg. It could be depression or anxiety requiring treatment. It could be diabetes needing regular doctor visits. It’s pretty wide-ranging.

Military Family Leave

Both laws offer protection for military families. If your spouse, child, or parent is called to active military duty, you can take time off to deal with it.

You get up to 12 weeks of “qualifying exigency” leave. That means time to arrange childcare, handle finances, or just deal with the stress of deployment.

FMLA also covers something CFRA doesn’t: military caregiver leave. If a family member is seriously injured or ill due to military service, you can take up to 26 weeks per year to care for them. That’s double the normal leave.

California Paid Family Leave: You Can Get Paid

Okay, here’s where things get really interesting. FMLA and CFRA provide job protection, but they’re unpaid. You don’t get paid while you’re gone.

California said, “That’s not good enough.” In 2025, the state massively increased its Paid Family Leave (PFL) program.

Starting January 1, 2025, here’s what you get. If you earn less than $63,000 per year, you receive up to 90 percent of your regular wages while on leave. If you earn more than that, you get 70 percent of your wages.

This is huge. Most people can’t afford to take 12 weeks without pay. Now many people actually can.

You can take up to eight weeks of PFL in a 12-month period. You don’t have to use it all at once. You could take a couple weeks here, a couple weeks there.

Who Qualifies for PFL?

To get PFL, you must have earned at least $300 in the last 12 months. You must have paid into State Disability Insurance (SDI). This shows up as “CASDI” on your paycheck.

You qualify if you need to bond with a new child, care for a seriously ill family member, or take time for your own serious health condition.

PFL doesn’t provide job protection, but CFRA or FMLA does. You typically use them together. CFRA/FMLA keeps your job safe. PFL keeps your wallet less empty.

This is a smart combination.

Understanding Serious Health Conditions

Here’s where people get confused. What exactly is a “serious health condition”?

It’s not a common cold. It’s not a one-day stomach bug. It’s something more significant.

A serious health condition includes any hospital stay, even overnight. It includes any condition requiring continuing treatment by a doctor. It includes conditions that keep you out of work for more than three days if you’re also getting ongoing treatment.

Surgery qualifies. Cancer treatment qualifies. Broken bones requiring physical therapy qualify. Mental health conditions with ongoing counseling qualify.

The law is pretty generous here. Basically, if you need time off for health reasons that matter, it probably counts.

But here’s the thing: employers can ask for a doctor’s note. You might need to provide medical certification that your condition is serious. That’s legal.

You don’t have to tell your boss exactly what your condition is. You can keep the details private. But you probably need to prove it’s actually serious.

Pregnancy and Childbirth Leave

California has special rules for pregnancy that are even better than FMLA and CFRA.

If pregnancy disables you from working, you can take up to four months of Pregnancy Disability Leave (PDL). This is separate from CFRA leave.

Here’s how it works: if your doctor says you can’t work due to pregnancy, complications from pregnancy, or recovering from childbirth, you can take PDL. Your employer has to keep your job waiting.

After PDL ends, you can then take CFRA leave to bond with the baby. This means some new moms get more than 12 weeks total of leave.

This is one of the reasons California is known as one of the best states for family leave. The state gets it.

How to Request Leave

So you need leave. What do you do?

Give your employer at least 30 days’ notice if possible. If the need isn’t foreseeable (like a sudden illness), give notice as soon as you can.

Tell your HR person or manager that you’re requesting CFRA leave or FMLA leave. Be clear. Use the words. Don’t be shy about it.

Your employer might ask you to fill out a form. That’s normal. They might ask for medical certification if it’s for health reasons. That’s legal too.

Keep everything in writing. An email works. A form works. Write it down. You want proof you asked.

Your employer must then notify you of your rights and responsibilities. They have rules they must follow too. They have to explain the leave policy clearly.

If you’re nervous, ask for help. California’s Civil Rights Department has a free hotline at 1-800-884-1684. The federal Department of Labor also helps. These agencies won’t charge you.

Can Your Boss Fire You for Taking Leave?

No. Absolutely not.

Your employer cannot terminate you, demote you, cut your hours, or treat you worse because you took CFRA or FMLA leave. That’s illegal. It’s called retaliation.

The law requires your employer to return you to the same position or a comparable one. Comparable means similar pay, similar benefits, similar schedule, and similar working conditions.

There’s a rare exception. If your employer is a “key employee” in a tiny company and your absence would cause serious financial harm, they might not have to rehire you. But this almost never happens. Don’t worry about it.

When you come back, your job is there.

What About Your Health Insurance?

Your health insurance continues while you’re on leave. Your employer must keep you on the same health plan. You might still need to pay your portion of the premiums, but the coverage keeps going.

This is important. You’re protected healthwise while off work.

Important Differences: FMLA vs. CFRA

Okay, let’s talk about where FMLA and CFRA actually differ. This matters if you’re in a smaller company.

FMLA requires a company with 50+ employees. CFRA only requires five. If you work for a company with 6-49 employees, you only get CFRA. FMLA doesn’t apply.

CFRA covers more family members. Grandparents, siblings, designated persons, and domestic partners are covered under CFRA. FMLA doesn’t cover most of these.

FMLA covers military caregiver leave for up to 26 weeks. CFRA doesn’t have that exact provision.

Both give you 12 weeks of leave. Both protect your job. Both require you to work 1,250 hours in the preceding 12 months. Both require you to have been there 12 months.

In California, you’re usually covered by CFRA even if FMLA doesn’t apply.

Penalties for Employers Who Violate the Law

What happens if your boss breaks these rules?

California takes this seriously. Employers can face lawsuits. Employees can receive back pay, front pay, and damages. Sometimes employees get money for emotional distress.

If you report the violation, your employer cannot retaliate against you. That’s doubly illegal.

The Civil Rights Department investigates violations. They can order the company to pay you or stop the illegal behavior. This doesn’t cost you anything to report.

If you’re fired or punished for taking leave or reporting a violation, you might have a strong legal case.

Paid Time Off and Vacation Time

Here’s a question many people ask: Can I use my vacation days while on CFRA or FMLA leave?

The answer is… it depends.

Your employer can require you to use accrued vacation or sick time while on leave in certain situations. If you’re taking leave for your own health condition, your employer can probably make you use vacation first.

If you’re bonding with a new baby, your employer can require you to use vacation.

But if you’re taking Paid Family Leave benefits, some employers cannot force you to use vacation at the same time. This changed recently.

The best move? Ask your HR department. Get their policy in writing. Don’t assume.

Using vacation or sick time while on CFRA/FMLA leave doesn’t count against your 12 weeks. The job protection still applies.

What If You Don’t Work Full-Time?

Part-time workers are covered. If you work even just 20 hours per week, you can qualify. You need 1,250 hours over 12 months, which is doable part-time.

Seasonal workers can qualify too. If you regularly work for an employer, even if it’s seasonal, the hours count.

Gig workers and independent contractors? Generally not covered. These laws apply to employees, not contractors.

If your employer calls you a contractor but controls how you work, what hours you work, and provides training, you might actually be an employee. Misclassification happens. If you think you’re misclassified, an employment lawyer can review your situation.

Recent Changes in 2025

California made big changes in 2025. It’s worth knowing what’s new.

The Paid Family Leave benefit amounts increased dramatically on January 1, 2025. The 90 percent benefit rate for lower-income workers is historic. It’s the highest in the nation.

The state also expanded CFRA in recent years to cover “designated persons.” This was a significant expansion. It means you can take leave for people who aren’t technically family but feel like family.

The contribution rate for State Disability Insurance increased to 1.3% effective January 1, 2026. This is what funds both PFL and disability insurance. It comes out of your paycheck, but it pays for these benefits.

Employers are adjusting their systems. Some updates are happening. But these changes only help workers. More pay. More coverage. More protection.

Special Circumstances

Temporary Assignments During Leave

If you take intermittent leave (time off here and there instead of all at once), your employer can assign you to a different job temporarily. This job has to “better accommodate” your need for time off.

Think of it like this: you need to work Mondays and Wednesdays only while caring for someone. Your employer could temporarily move you to a position that offers those days.

They can’t move you to a job with worse pay or benefits permanently. Just temporarily while you’re doing the intermittent leave.

Multiple Reasons for Leave

Can you take CFRA leave for different reasons in the same year? Yes.

Say you take two weeks to recover from surgery. Then you take two weeks when your kid is born. That’s four weeks total. You still have eight weeks left for other reasons.

But the total never exceeds 12 weeks in a 12-month period. Courts interpret that strictly.

Overlapping Leave Laws

What if you qualify for both PDL (Pregnancy Disability Leave) and CFRA? The leaves can run at the same time, or one can follow the other.

Many new moms take PDL first (while recovering from pregnancy), then CFRA leave second (while bonding with the baby). This stretches the total protection.

The laws work together to help you.

How to Apply for PFL Benefits

Want to use Paid Family Leave? Here’s the process.

Go to edd.ca.gov or call the Employment Development Department. You’ll apply online or by phone.

Have this ready: your Social Security number, your employer’s information, the reason for leave, and your typical weekly earnings. The EDD will verify you paid into SDI.

Submit any medical certification if required. This is only for health reasons, not for baby bonding.

The EDD will review your application. You’ll get a decision. If approved, payments start typically within one to two weeks.

You don’t need a lawyer for this. It’s a straightforward government program. The EDD staff can answer questions.

You can claim PFL and use CFRA at the same time. One protects your job. One pays your bills.

What Happens If Your Leave Gets Denied?

If your employer denies leave you think you deserve, stay calm. Document everything.

Get your denial in writing if possible. Ask why it was denied. Ask if they need more information.

If it’s truly wrongful, you have options. You can file a complaint with California’s Civil Rights Department (CRD). It’s free. You can call 1-800-884-1684.

You can also consult with an employment lawyer. Many offer free consultations. California has strong laws on your side.

Don’t worry about retaliation. If you report a violation, it’s illegal for your boss to punish you.

Red Flags in Your Leave Request Process

Watch for these warning signs that your employer might be breaking the law.

If your boss says “we don’t offer CFRA leave,” that’s wrong. It’s the law. Small companies cannot opt out.

If your boss asks you to choose between your job and taking medical leave, that’s illegal.

If you’re denied leave without explanation, that’s suspicious.

If your employer suddenly treats you badly after you request leave, that’s retaliation.

If your boss denies you leave but lets others take it, that’s potential discrimination.

Any of these things? Document them. Write down dates, times, what was said. Keep emails. Then contact an attorney or the CRD.

Frequently Asked Questions

Can I take CFRA leave if my company is small?

Yes. If your employer has five or more employees, CFRA applies. FMLA only applies to companies with 50+. But CFRA covers most California workers. This is a huge advantage to working in California.

How much does CFRA leave cost?

Nothing to request it. CFRA leave is unpaid. But you can use vacation time, sick time, or PFL benefits to get paid while you’re gone. It’s up to you and your employer’s policies.

Do I have to use all 12 weeks at once?

No. You can take it in chunks. Two weeks now, three weeks later. As long as the total doesn’t exceed 12 weeks in 12 months, you’re fine. Many people take intermittent leave.

What if my employer retaliates after I take leave?

That’s illegal. Your employer cannot fire you, demote you, reduce hours, or treat you worse. If they do, document it and report it to the Civil Rights Department or contact an attorney.

Will my benefits continue while I’m on CFRA leave?

Yes. Health insurance continues. Your employer must keep you on their group health plan. You’re also protected from losing seniority or benefits.

Final Thoughts

Here’s the thing: California gives you real protection. You can take three months off for a serious reason. Your job stays yours. Your health insurance keeps going. You might even get paid.

Most workers don’t realize how strong their rights are. Don’t be one of them. You know now.

If you’re facing leave, reach out to your HR department. Ask questions. Get answers in writing. You deserve to understand your rights.

If things feel wrong, don’t hesitate to get help. California’s Civil Rights Department is free. Employment lawyers often offer free consultations.

Stay informed. Stay protected. When life gets hard, California has your back.

FMLA Laws in California (2026): Your Job is Protected