Family, Medical, & Pregnancy Leave

(FMLA, CFRA, & Pregnancy Disability Leave)

Overview

California employers may be required to provide job-protected, unpaid leave to eligible employees for family, medical, and pregnancy-related reasons.


Three laws govern most leave requests:

  • FMLA (federal law)

  • CFRA (California law)

  • Pregnancy Disability Leave (PDL) (California law)

These laws sometimes apply at the same time and sometimes separately, depending on the reason for leave and the employer’s size.



How to Think About Leave Requests

When an employee asks for time off due to medical, family, or pregnancy reasons, the employer’s role is to:

  1. Identify why leave is being requested

  2. Determine which law applies

  3. Confirm employee eligibility

  4. Provide required notices and maintain benefits

  5. Track the leave correctly and reinstate the employee when they return


Family and Medical Leave Act (FMLA)

When FMLA Applies

FMLA applies only to employers with 50 or more employees who worked at least 20 weeks in the current or prior year.

To be eligible, an employee must:

  1. Have worked for the employer for at least 12 months

  2. Have worked at least 1,250 hours in the prior 12 months

  3. Work at a location where the employer has 50 employees within 75 miles

Reasons Covered by FMLA

Eligible employees may take FMLA leave for:

  • Their own serious health condition

  • Caring for a spouse, child, or parent with a serious health condition

  • Birth, adoption, or foster placement of a child

  • Certain military-related reasons

FMLA provides up to 12 workweeks of unpaid leave in a 12-month period.
All qualifying reasons draw from the same 12-week entitlement.

Health Benefits and Job Protection

While on FMLA leave:

  • Health benefits must continue under the same terms

  • Employees must be reinstated to the same or equivalent position



California Family Rights Act (CFRA)

When CFRA Applies

CFRA applies to most California employers with 5 or more employees.

An employee is eligible if they:

  1. Have worked for the employer at least 12 months

  2. Have worked 1,250 hours in the prior 12 months

CFRA applies to full-time, part-time, temporary, and recurrent employees.

Reasons Covered by CFRA

CFRA covers leave for:

  • The employee’s own serious health condition

  • Caring for a broader group of family members than FMLA, including domestic partners, grandparents, grandchildren, siblings, parents-in-law, and others with a family-like relationship

  • Baby bonding after birth, adoption, or foster placement

CFRA provides up to 12 workweeks of unpaid leave in a 12-month period.

CFRA and FMLA Together

  • When both CFRA and FMLA apply for the same reason, the leave typically runs at the same time, not back-to-back.


Pregnancy Disability Leave (PDL)

When PDL Applies

PDL applies to employers with 5 or more employees.


An employee is eligible for PDL as soon as they are disabled by pregnancy, regardless of:

  • Hours worked

  • Length of employment


What PDL Covers

PDL covers time off for:

  • Pregnancy-related disability

  • Prenatal or postnatal care

  • Severe morning sickness

  • Doctor-ordered bed rest

  • Childbirth and recovery

  • Pregnancy-related complications

PDL provides up to four months (17⅓ weeks) of unpaid leave per pregnancy.

How PDL Works With Other Leave Laws

  • If FMLA applies, PDL and FMLA run at the same time

  • CFRA does not cover pregnancy disability, but is typically used after PDL for baby bonding

A common sequence is: PDL (pregnancy disability) → CFRA (baby bonding)

Leave Timing and Scheduling

Leave may be taken:

  • Continuously

  • Intermittently

  • On a reduced schedule

Intermittent or reduced schedules must be supported by medical certification when applicable.
Bonding leave under CFRA is generally taken in blocks of two weeks, with limited exceptions.


Employee Notice and Medical Certification

  • If leave is foreseeable, employees should provide 30 days’ notice. 

  • If not foreseeable, notice must be given as soon as practicable.

Employers may require medical certification for:

  • The employee’s own serious health condition

  • A family member’s serious health condition

  • Pregnancy disability leave

Certification must generally be returned within 15 calendar days.

Health Benefits and Reinstatement

During FMLA, CFRA, and PDL leave:

  • Group health benefits must continue under the same terms

  • Employees must be reinstated to the same or an equivalent position

PDL does not protect employees from employment actions unrelated to pregnancy (such as layoffs).


Common Leave Errors to Avoid

Employers often create liability by:

  • Treating pregnancy leave as CFRA instead of PDL

  • Denying leave before determining eligibility

  • Miscounting employee headcount

  • Asking for more medical information than allowed

  • Failing to track intermittent leave accurately

  • Forgetting to continue health benefits

  • Delaying reinstatement after leave

  • Taking adverse action shortly after leave is requested or taken

Practical Guidance

When an employee requests leave:

  • Do not approve or deny immediately

  • Identify which law applies

  • Confirm eligibility

  • Provide required notices

  • Track leave carefully

When pregnancy or overlapping leave laws are involved, pause and confirm before acting.


Key Takeaways

  • CFRA applies to most California employers

  • Pregnancy disability leave is separate from baby bonding

  • Multiple leave laws may apply at the same time

  • Job protection and benefit continuation are mandatory

  • Careful handling reduces legal risk