Sometimes—but in California, the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) usually run at the same time when both cover the same reason for leave. They may be taken separately when the laws cover different circumstances, when one law does not apply to a particular leave, or when an employee has a distinct qualifying reason and remaining leave available. Pregnancy-related leave is a common example of how the rules can differ. The answer depends on eligibility, the reason for leave, and how the employer designates it.
When FMLA And CFRA Run Concurrently
FMLA and CFRA are separate laws, but an eligible California employee generally does not receive two separate 12-week leave banks for the same qualifying event. If a leave qualifies under both laws, the employer will usually count it against both entitlements at the same time. This is called concurrent leave.
For example, an eligible employee taking time off to recover from a serious health condition may have that absence count under both FMLA and CFRA if the condition and employment circumstances meet both laws’ requirements. The same is generally true when an employee takes leave to care for a qualifying family member covered by both laws.
Each law normally provides up to 12 workweeks of unpaid, job-protected leave during its applicable 12-month period. The employee’s available balance may be less if they have already used protected leave in that period. Employers choose and apply a method for measuring the 12-month period, subject to legal requirements and consistent application.
Concurrent counting does not mean the laws are identical. Their coverage rules and definitions of qualifying family members differ. A specific reason may qualify under one law but not the other, so the employer should assess each law rather than assume that every absence counts under both.
When FMLA And CFRA May Be Taken Separately
Leave may be separate or sequential when the laws cover different reasons or when one law does not provide protection for the particular leave. Separate timing does not automatically create extra weeks: the employee must qualify for the leave, have entitlement available under the relevant law, and meet that law’s rules.
The clearest California example is leave related to pregnancy, childbirth, and bonding. Pregnancy Disability Leave (PDL) is a California leave right separate from CFRA. FMLA may apply during pregnancy-related disability, while CFRA does not cover leave for an employee’s own pregnancy-related disability. Once the employee is no longer disabled by pregnancy or childbirth, CFRA may provide bonding leave if the employee is eligible and has CFRA time available.
In a common sequence, an employee may use pregnancy-disability leave, with qualifying time also counted under FMLA, and then take CFRA leave to bond with a new child. The laws’ different purposes mean the leaves may follow one another rather than run together for every week. The total available time depends on the employee’s eligibility, the duration of the disability, prior leave use, and the applicable rules.
Other differences can also matter. CFRA covers care for a “designated person,” meaning an individual related by blood or whose association with the employee is equivalent to a family relationship. FMLA does not use that same broad category. Conversely, FMLA provides certain military-related leave rights, including qualifying exigency leave and military caregiver leave, that do not have direct CFRA equivalents. A leave that qualifies under one law alone may be protected under that law without being charged to the other.
FMLA And CFRA Eligibility Requirements
An employee must meet the requirements of the relevant law; being covered by one does not automatically establish eligibility under the other.
| Rule | FMLA | CFRA |
|---|---|---|
| Employer coverage | Generally, private employers with at least 50 employees; public agencies are covered regardless of size. | Generally, employers with at least five employees; public employers are also covered. |
| Employee service | At least 12 months of employment, subject to the law’s rules for counting service. | At least 12 months of employment. |
| Hours worked | At least 1,250 hours during the 12 months before leave begins. | At least 1,250 hours during the 12 months before leave begins. |
| Worksite distance test | For private-sector employees, generally employed at a location where the employer has at least 50 employees within 75 miles. | No equivalent 50-employees-within-75-miles test. |
These are general rules, not a complete eligibility determination. Special rules apply to some public employees, airline flight crew, and other situations. An employee who does not qualify for FMLA because of the worksite distance test may still qualify for CFRA if the other CFRA requirements are met.
Which Family Members Qualify?
The reason for leave can determine whether both laws apply. FMLA generally allows eligible employees to care for a spouse, child, or parent with a serious health condition. It also allows leave for an employee’s own serious health condition, qualifying military exigencies, and military caregiver needs under specific rules.
CFRA allows leave for an employee’s own serious health condition, bonding with a new child, and caring for a broader set of family members. Covered relationships include a spouse, registered domestic partner, child, parent, parent-in-law, grandparent, grandchild, sibling, and a designated person. CFRA’s definition of child includes adult children and children of any age, subject to the law’s definition.
Because the definitions differ, caring for a designated person or certain extended family members may qualify for CFRA but not FMLA. In that situation, the leave may count against CFRA only. By contrast, care for a family member covered under both laws may be counted under both when all other requirements are met.
How Pregnancy And Bonding Leave Can Fit Together
Pregnancy-related absences can involve more than one California and federal protection. FMLA may cover qualifying time off for prenatal care, pregnancy-related incapacity, childbirth, and recovery. California PDL may provide job-protected leave when an employee is disabled by pregnancy, childbirth, or a related medical condition. CFRA excludes an employee’s own pregnancy-related disability, but may cover bonding after the disability leave ends.
PDL is not the same as CFRA and is not limited to the same 12-week entitlement. The amount of PDL depends on the employee’s medical need and schedule, subject to applicable limits. An eligible employee may therefore use PDL and then take available CFRA bonding leave. FMLA may overlap with some or all of the PDL period, depending on eligibility and the circumstances.
Bonding leave under CFRA and FMLA generally must be completed within 12 months after the child’s birth, adoption, or foster placement. Employers may have rules for scheduling intermittent bonding leave. Medical leave taken intermittently may be treated differently when medically necessary. Employees should request the type of leave that matches the reason and discuss scheduling requirements with the employer.
Paid Benefits Are Different From Job-Protected Leave
FMLA and CFRA generally provide unpaid, job-protected leave; they do not themselves replace wages. An employee may be able to use accrued vacation, sick leave, or other employer benefits during an absence, depending on applicable policy and law.
California State Disability Insurance (SDI) may provide wage-replacement benefits for eligible workers who cannot work because of a non-work-related illness, injury, pregnancy, or childbirth. Paid Family Leave (PFL) may provide wage replacement for qualifying family-care or bonding leave. Receiving SDI or PFL benefits does not, by itself, guarantee job protection. Job protection must come from a law such as FMLA, CFRA, or PDL, when its conditions are met.
For this reason, benefit paperwork and leave-protection paperwork should not be treated as interchangeable. An employee may need to apply separately for wage-replacement benefits and notify the employer of a request for protected leave.
How Employers Designate And Count Leave
When an employer has enough information to determine that an absence may qualify, it generally must provide required notices and designate qualifying leave under the applicable law. Employees should not assume that leave is separate simply because a request form names only FMLA or CFRA. The employer may need to evaluate both laws and explain how the time will be counted.
Employees can help clarify the record by giving timely notice, identifying the general reason for the absence, and supplying medical certification when legally permitted and required. For planned treatment or bonding, advance notice may be required when practicable. For an unexpected emergency, notice should be given as soon as practicable under the circumstances.
Employers generally must maintain group health coverage during protected FMLA and CFRA leave on the same terms as if the employee continued working, subject to the laws’ requirements. Job restoration rights also apply when the employee returns from qualifying leave, though limited exceptions and specific rules may affect the outcome.
Practical Steps For Employees
- Ask which law applies. Request written information about whether the absence is designated under FMLA, CFRA, PDL, or more than one law.
- Confirm the reason and relationship. The type of medical condition or the family member receiving care can affect whether leave runs concurrently.
- Check the leave balance. Ask how much time has already been used and which 12-month measurement method the employer uses.
- Keep records. Save leave requests, designation notices, medical certifications, benefit decisions, and communications about time used.
- Ask about paid benefits separately. Contact the California Employment Development Department about SDI or PFL eligibility, and confirm job protection with the employer.
If an employer denies leave, counts time unexpectedly, or fails to provide required notices, the employee can ask for the decision and its legal basis in writing. California’s Civil Rights Department administers CFRA and PDL, while the U.S. Department of Labor’s Wage and Hour Division administers FMLA. The California Employment Development Department handles state disability and paid family leave benefits. Individual situations can involve overlapping rules, so official agency guidance or advice from a qualified employment professional may be useful.