FMLA vs. CFRA: A Guide to When They Overlap (and When They Don't)

2026-03-21 · HR Cadence Hub Team

If you're the only HR person at a California company, managing FMLA and CFRA leave simultaneously is one of the most complex compliance areas you'll face. The two laws overlap in many places, diverge in critical ways, and interact with additional California protections like Pregnancy Disability Leave and Paid Family Leave in ways that are genuinely difficult to track without a system.

This guide breaks down where FMLA and CFRA align, where they differ, and exactly when leave runs concurrently versus when an employee may be entitled to additional time off beyond what you might expect.

Quick Reference: FMLA vs. CFRA Side by Side

| Category | FMLA (Federal) | CFRA (California) | | --- | --- | --- | | Employer coverage | 50+ employees within 75-mile radius | 5+ employees (no mileage requirement) | | Employee eligibility | 12 months employed, 1,250 hours worked, worksite has 50+ employees within 75 miles | 12 months employed, 1,250 hours worked | | Leave duration | Up to 12 weeks in a 12-month period | Up to 12 weeks in a 12-month period | | Pregnancy as serious health condition | Yes — covered under FMLA | No — pregnancy covered separately under PDL | | Covered family members | Spouse, child, parent | Spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild, sibling, designated person | | Military caregiver leave | Up to 26 weeks for injured servicemember | Qualifying exigency leave available; no 26-week caregiver provision | | Job protection | Same or equivalent position | Same or comparable position | | Health benefits during leave | Employer must maintain group health coverage | Employer must maintain group health coverage | | Paid or unpaid | Unpaid (can substitute accrued paid leave) | Unpaid (can substitute accrued paid leave) | | Enforced by | U.S. Department of Labor | California Civil Rights Department (CRD) |

Which Employers Are Covered

This is the first and most important difference. Under FMLA, only employers with 50 or more employees within a 75-mile radius are covered. Under CFRA, any employer with 5 or more employees anywhere in California is covered, with no mileage requirement.

This means if you work for a California company with 15 employees, your employees are covered by CFRA but not FMLA. You still owe them 12 weeks of job-protected leave — the federal law just doesn't apply. Many small California employers mistakenly believe they're exempt from leave requirements because they don't meet the FMLA threshold. That's incorrect if they have 5 or more employees.

For state and local government employers in California, CFRA applies regardless of the number of employees.

Who Is an Eligible Employee

Both laws require that the employee has worked for the employer for at least 12 months and has completed at least 1,250 hours of work in the 12 months before the leave begins.

The key difference: FMLA also requires that the employee's worksite has 50 or more employees within a 75-mile radius. CFRA has no such requirement. If you have 5+ employees total, the employee is eligible under CFRA regardless of where they work or how many other employees are nearby.

This distinction matters for employers with multiple small offices or remote workers. An employee at a satellite office with only three coworkers may not be FMLA-eligible but is fully CFRA-eligible.

Qualifying Reasons for Leave

Both laws allow leave for the employee's own serious health condition, to care for a family member with a serious health condition, and to bond with a new child (birth, adoption, or foster placement).

The critical differences involve pregnancy, the definition of family members, and military leave.

Pregnancy: The Biggest Difference

Under FMLA, pregnancy qualifies as a serious health condition. An employee's FMLA leave for pregnancy-related disability counts against their 12-week entitlement.

Under CFRA, pregnancy is explicitly excluded from the definition of serious health condition. Instead, California provides up to four months (approximately 17.3 weeks) of Pregnancy Disability Leave under a separate law. PDL is available to employees of employers with 5 or more employees and has no hours-worked eligibility requirement.

This creates a significant difference in total leave entitlement for California employees.

How Pregnancy Leave Stacks in California

Here's where most HR practitioners get confused — and where the risk of miscalculating leave is highest.

| Leave Phase | Law | Duration | Runs Concurrently With | | --- | --- | --- | --- | | Pregnancy disability | PDL | Up to ~17.3 weeks (4 months) | FMLA (if employee is FMLA-eligible) | | Pregnancy disability | FMLA | Up to 12 weeks | PDL (same period) | | Baby bonding | CFRA | Up to 12 weeks | Does NOT run concurrently with PDL | | Baby bonding | PFL (wage replacement) | Up to 8 weeks | CFRA bonding leave (provides partial pay) |

Scenario: Pregnancy Leave and Baby Bonding (Employer with 50+ Employees)

Sarah works for a California employer with 60 employees. She has been employed for two years and worked 1,500 hours in the past 12 months. She is eligible for FMLA, CFRA, and PDL.

| Phase | Leave Type | Duration | How It's Paid | Job Protected? | | --- | --- | --- | --- | --- | | Pregnancy disability (before and after birth) | PDL + FMLA (concurrent) | Up to ~17.3 weeks | SDI provides 70–90% of wages (up to $1,765/week in 2026); employer may require use of accrued sick leave | Yes | | Baby bonding (after disability ends) | CFRA | Up to 12 weeks | PFL provides 70–90% of wages for up to 8 weeks; remaining 4 weeks are unpaid unless employer policy provides pay or employee uses accrued vacation | Yes | | Total protected leave | | Up to ~29 weeks | ~25 weeks partially paid (SDI + PFL), ~4 weeks unpaid | |

Key points: PDL and CFRA do not run concurrently — this is what creates the extended leave entitlement. FMLA runs with PDL and is typically exhausted during the disability phase. CFRA's 12 weeks are entirely separate and available for bonding after the employee is no longer disabled. SDI and PFL are funded by employee payroll deductions, not by the employer — but the employer must maintain health benefits throughout.

Scenario: Pregnancy Leave — Small Employer (5–49 Employees)

Maria works for a California employer with 20 employees. She is eligible for CFRA and PDL but NOT FMLA (employer is below the 50-employee threshold).

| Phase | Leave Type | Duration | How It's Paid | Job Protected? | | --- | --- | --- | --- | --- | | Pregnancy disability | PDL only (no FMLA) | Up to ~17.3 weeks | SDI provides 70–90% of wages (up to $1,765/week in 2026) | Yes | | Baby bonding | CFRA | Up to 12 weeks | PFL provides 70–90% of wages for up to 8 weeks; remaining 4 weeks unpaid unless employee uses accrued leave | Yes | | Total protected leave | | Up to ~29 weeks | ~25 weeks partially paid, ~4 weeks unpaid | |

The total leave and pay structure are the same because CFRA and PDL — not FMLA — drive the entitlement in California. SDI and PFL benefits are administered by EDD and funded through employee payroll contributions, not employer cost.

Scenario: Employee's Own Serious Health Condition (Non-Pregnancy)

James works for a California employer with 100 employees. He needs surgery and will be out for 10 weeks.

| Phase | Leave Type | Duration | How It's Paid | Job Protected? | | --- | --- | --- | --- | --- | | Medical leave | FMLA + CFRA (concurrent) | Up to 12 weeks | SDI provides 70–90% of wages (up to $1,765/week in 2026) for the duration of certified disability; employer may require use of accrued sick leave | Yes | | Total protected leave | | 12 weeks | Partially paid via SDI for duration of certified disability | |

When leave qualifies under both FMLA and CFRA for the same reason, it runs concurrently. The employee gets 12 weeks total, not 24. SDI wage replacement requires a medical certification of disability from a healthcare provider.

Scenario: Caring for a CFRA-Only Family Member

Lisa works for a California employer with 200 employees. Her domestic partner has a serious health condition requiring 8 weeks of care, and later that year Lisa needs 6 weeks off for her own surgery.

| Phase | Leave Type | Duration | How It's Paid | Runs Against FMLA? | Runs Against CFRA? | | --- | --- | --- | --- | --- | --- | | Care for domestic partner | CFRA only | 8 weeks | PFL provides 70–90% of wages for up to 8 weeks | No — domestic partners not covered by FMLA | Yes — 8 of 12 CFRA weeks used | | Own surgery (later that year) | FMLA + CFRA (concurrent) | 6 weeks | SDI provides 70–90% of wages during certified disability | Yes — 6 of 12 FMLA weeks used | Yes — remaining 4 CFRA weeks + 2 weeks FMLA-only | | Total leave taken | | 14 weeks | All 14 weeks partially paid (PFL for first leave, SDI for second) | 6 of 12 FMLA weeks used | 12 of 12 CFRA weeks used |

This scenario illustrates why tracking FMLA and CFRA balances independently is critical. Because Lisa's first leave was CFRA-only, she had her full FMLA entitlement available for a later qualifying event. It also shows that both leaves can be partially paid through California's state programs — PFL for caregiving and SDI for the employee's own disability. If HR had incorrectly run both clocks during the domestic partner leave, Lisa would have been shorted on her own medical leave.

Expanded Family Member Definition Under CFRA

FMLA limits caregiving leave to the employee's spouse, child, or parent. CFRA significantly expands this to include domestic partners, parents-in-law, grandparents, grandchildren, siblings, and a "designated person" — any individual related by blood or whose association with the employee is equivalent to a family relationship. Employees can identify their designated person when they request leave, and employers may limit employees to one designated person per 12-month period.

This broader definition means CFRA caregiving requests will come up for relationships that FMLA doesn't cover. If an employee requests leave to care for a seriously ill grandparent, that's CFRA-protected but not FMLA-protected. The leave would use CFRA entitlement only, meaning the employee's FMLA balance remains available for a separate qualifying event.

Military Leave Differences

FMLA provides up to 26 weeks of leave in a 12-month period for an employee who is the spouse, child, parent, or next of kin of a covered servicemember with a serious injury or illness. CFRA does not offer this extended 26-week military caregiver leave.

However, CFRA does cover qualifying exigency leave related to the active duty or call to active duty of a spouse, domestic partner, child, or parent in the U.S. Armed Forces.

When Leave Runs Concurrently vs. Separately

This is the section you'll reference most often when administering leave. For employers covered by both laws (50+ employees in California):

| Scenario | FMLA | CFRA | Run Concurrently? | | --- | --- | --- | --- | | Employee's own serious health condition (non-pregnancy) | Yes | Yes | Yes — same 12 weeks | | Care for spouse with serious health condition | Yes | Yes | Yes — same 12 weeks | | Care for parent with serious health condition | Yes | Yes | Yes — same 12 weeks | | Care for child with serious health condition | Yes | Yes | Yes — same 12 weeks | | Care for domestic partner with serious health condition | No | Yes | No — CFRA only | | Care for grandparent, grandchild, sibling, or designated person | No | Yes | No — CFRA only | | Pregnancy disability | Yes | No (PDL applies instead) | FMLA runs with PDL; CFRA runs separately for bonding | | Baby bonding | Yes (if FMLA not exhausted) | Yes | Depends on remaining FMLA balance | | Military caregiver (26 weeks) | Yes | No | No — FMLA only |

The practical effect: when leave qualifies under both laws, it runs concurrently and the employee gets 12 weeks total. When leave qualifies under only one law, the employee may have additional entitlement under the other law for a different qualifying event later in the same 12-month period.

Common Mistakes Small Employers Make

Assuming FMLA is the only leave law that applies and ignoring CFRA. If you have 5+ employees in California, CFRA applies even if FMLA doesn't.

Failing to stack PDL and CFRA correctly for pregnant employees. These leaves run separately, not concurrently. An employee returning from pregnancy disability leave is entitled to an additional 12 weeks of CFRA bonding leave.

Denying leave for CFRA-covered family members that FMLA doesn't recognize. Grandparents, domestic partners, and siblings are covered under CFRA caregiving leave.

Requiring medical certification for bonding leave. Neither FMLA nor CFRA allows employers to require medical certification for baby bonding leave — only for serious health condition leave.

Not maintaining health benefits during leave. Both laws require employers to continue group health insurance coverage under the same terms as if the employee had continued working.

What Employers Should Do

Map every leave request against both laws simultaneously. Don't just ask "is this FMLA-eligible?" — always also ask "is this CFRA-eligible?" The answer determines whether leave runs concurrently or separately.

Track leave balances for each law independently. An employee could exhaust their CFRA entitlement caring for a domestic partner and still have 12 weeks of FMLA available for their own serious health condition later that year.

Document your leave administration process. When regulators or attorneys review your practices, they look for evidence that you understood and correctly applied both concurrent and non-concurrent leave scenarios.

Use a leave tracking system that distinguishes between FMLA, CFRA, and PDL. Spreadsheets work until they don't — and the complexity of California leave stacking is exactly where manual tracking fails.

Key Takeaway

FMLA and CFRA are not the same law applied at different levels. They have different coverage thresholds, different family member definitions, fundamentally different treatment of pregnancy, and different military leave provisions. For California employers, the question is never "which law applies?" — it's "how do both laws interact for this specific employee and this specific leave request?" Getting that interaction wrong is one of the most common and expensive compliance failures in California employment law.

Sources

- [California EDD — FMLA and CFRA FAQ](https://edd.ca.gov/en/disability/faqs-fmla-cfra/) - [California Civil Rights Department — Employment Discrimination](https://calcivilrights.ca.gov/employment/) - [California Civil Rights Department — Family Care and Medical Leave Fact Sheet (PDF)](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/12/Family-Care-and-Medical-Leave-Fact-Sheet_ENG.pdf) - [California Civil Rights Department — Expanded Family and Medical Leave (PDF)](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/02/Expanded-Family-And-Medical-Leave_ENG.pdf) - [California Civil Rights Department — CFRA and Pregnancy Leave Poster (PDF)](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/01/CFRA-and-Pregnancy-Leave_ENG.pdf) - [CalChamber — California Family and Medical Leaves Overview](https://www.calchamber.com/california-labor-law/fmla-cfra-overview) - [Cal. Code Regs. Title 2, § 11087–11097 — CFRA Regulations](https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2018/02/Text-EmployRegCrimHist-CFRA-NewParentLeaveAct.pdf) - California Government Code Section 12945.2 (CFRA) - 29 U.S.C. § 2601 et seq. (FMLA) - 29 C.F.R. § 825 (FMLA Regulations)

*This article is for informational and educational purposes only and does not constitute legal advice. Leave laws are complex and interact with other federal, state, and local requirements. Consult a qualified employment attorney for guidance specific to your organization's situation.*

Frequently Asked Questions

What is the main difference between FMLA and CFRA?

FMLA is a federal law covering employers with 50+ employees within a 75-mile radius. CFRA is a California state law covering employers with just 5+ employees and no mileage requirement. CFRA also covers a broader list of family members and treats pregnancy differently by excluding it from the definition of serious health condition.

Does CFRA leave run concurrently with FMLA?

When an employee's leave qualifies under both laws (such as their own non-pregnancy serious health condition or caring for a spouse, child, or parent), the leave runs concurrently — meaning the employee gets 12 weeks total, not 24. When leave qualifies under only one law, the entitlements are separate.

How much total leave can a pregnant employee take in California?

A pregnant employee may be entitled to up to four months of Pregnancy Disability Leave followed by 12 additional weeks of CFRA bonding leave. FMLA runs concurrently with PDL during the disability period but CFRA bonding leave is separate. The total can be approximately 29 weeks of job-protected leave.