Are you a Californian employee dealing with a serious health condition or taking care of an ill family member? If so, you might qualify for two different types of leave: the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Yet, does FMLA run concurrently with CFRA during your absence? The answer is not as straightforward as you may think – keep on reading to find out.
FMLA and CFRA both grant eligible employees job-protected leave for up to 12 workweeks, among other requirements. However, while both laws aim to provide similar benefits, they are not exactly the same. FMLA is a federal law that applies to employers with 50 or more employees within a 75-mile radius, while CFRA is a California state law that covers businesses with at least 20 workers.
As such, not all California employees may be eligible for FMLA, but they might still qualify for CFRA if they work at a smaller company. Even if an employee is eligible for both leaves, FMLA and CFRA typically run concurrently. But if an employee exhausts their FMLA leave, they might be entitled to take an additional twelve weeks of CFRA leave, depending on their situation. Understanding these nuances is crucial for workers seeking to take leave under either of these laws.
FMLA and CFRA: Understanding the Difference
Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) are laws that protect the rights of employees to take leave from work for various reasons. FMLA is a federal law, while CFRA is a California state law. Both laws have similar provisions, but there are also significant differences that employees need to understand.
- FMLA provides job-protected leave for up to 12 weeks per year for eligible employees who need time off for their own serious health condition, the birth or adoption of a child, or to care for a spouse, child, or parent with a serious health condition.
- CFRA provides job-protected leave for up to 12 weeks per year for eligible employees who need time off for their own serious health condition, to care for a spouse, child, or parent with a serious health condition, or for the birth, adoption, or foster care placement of a child.
- Unlike FMLA, CFRA also covers leave to care for a registered domestic partner, the serious health condition of a child of a domestic partner, or to bond with a new child of a domestic partner.
- Another significant difference is that FMLA applies to employers with 50 or more employees, while CFRA applies to employers with 5 or more employees.
Employers are required to comply with both FMLA and CFRA if they apply to the same leave reason. For example, if an employee takes leave for their own serious health condition, both laws will apply, and the leave will run concurrently. This means that the employee can take a total of 12 weeks off under both laws combined.
However, if an employee takes leave for a reason that is only covered by one law, such as bonding with a new child of a domestic partner under CFRA, only that law will apply. Employers cannot force employees to use both laws for the same leave reason, but they can require employees to follow the procedures and provide the required documentation for each law separately.
| Family and Medical Leave Act (FMLA) | California Family Rights Act (CFRA) |
|---|---|
| Federal law | California state law |
| Covers employees who have worked for their employer for at least 12 months and 1,250 hours | Covers employees who have worked for their employer for at least 1 year and 1,250 hours, and work for an employer with at least 5 employees |
| Provides job-protected leave for up to 12 weeks per year for eligible employees who need time off for their own serious health condition, the birth or adoption of a child, or to care for a spouse, child, or parent with a serious health condition | Provides job-protected leave for up to 12 weeks per year for eligible employees who need time off for their own serious health condition, to care for a spouse, child, or parent with a serious health condition, or for the birth, adoption, or foster care placement of a child |
| Applies to employers with 50 or more employees | Applies to employers with 5 or more employees |
Employees should be aware of their rights under both FMLA and CFRA and should communicate with their employer about their need for leave. Employers must provide notice of employees’ FMLA and CFRA rights and responsibilities and should have policies in place that comply with both laws.
Benefits and Eligibility Criteria under FMLA and CFRA
Both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are designed to provide employees with job-protected leave for certain medical and family reasons. However, there are some key differences between the two acts, particularly in terms of benefits and eligibility criteria.
- FMLA provides eligible employees up to 12 weeks of unpaid leave within a 12-month period for qualifying medical and family reasons
- CFRA also provides eligible employees up to 12 weeks of unpaid leave within a 12-month period, but it only covers certain medical and family reasons that are specifically listed in the California statute
- Under both FMLA and CFRA, employees are entitled to maintain their group health plan coverage during their leave, and their employer must maintain their job or an equivalent position upon their return to work
In terms of eligibility criteria, there are some important differences between FMLA and CFRA:
- To be eligible for FMLA, an employee must have worked for their employer for at least 12 months and have worked at least 1,250 hours within the previous 12 months
- To be eligible for CFRA, an employee must work for a covered employer with 50 or more employees within a 75-mile radius, and have worked for the employer for at least 12 months, including at least 1,250 hours within the previous 12 months
It’s also worth noting that FMLA and CFRA leave can run concurrently, meaning that an eligible employee can take up to 12 weeks of leave under both acts during the same 12-month period for qualifying reasons.
| Family and Medical Leave Act (FMLA) | California Family Rights Act (CFRA) | |
|---|---|---|
| Length of Leave | Up to 12 weeks within a 12-month period | Up to 12 weeks within a 12-month period |
| Covered Reasons | Qualifying medical and family reasons (including childbirth, adoption, or serious illness) | Specifically listed medical and family reasons (including a serious health condition of the employee or their family member, bonding with a newborn or newly adopted child, or military exigencies) |
| Health Plan Coverage | Employee entitled to maintain group health plan coverage during leave | Employee entitled to maintain group health plan coverage during leave |
| Job Protection | Employer must maintain job or an equivalent position upon return to work | Employer must maintain job or an equivalent position upon return to work |
| Eligibility Criteria | Employee must have worked for employer for at least 12 months and have worked at least 1,250 hours within the previous 12 months | Employee must work for covered employer with 50 or more employees within a 75-mile radius, and have worked for the employer for at least 12 months, including at least 1,250 hours within the previous 12 months |
Overall, both FMLA and CFRA are important tools that can help employees balance their work and family responsibilities during times of need, but it’s important to understand the similarities and differences between the two acts, including eligibility criteria, covered reasons for leave, and benefits.
Concurrent Leave: FMLA and CFRA Running Together
When an employee is eligible for both FMLA and CFRA leave, the leaves run concurrently. This means the employee is entitled to a combined total of 12 weeks of leave in a 12-month period under both laws. Employers cannot require an employee to take more than one type of leave at a time, nor can they make the employee take both leaves consecutively. However, if an employee is eligible for both leave types and requests time off for a qualifying reason under both laws, the leaves will run simultaneously.
Benefits of Concurrent Leave
- Concurrent leave simplifies the process for both the employer and the employee. Instead of tracking multiple leave provisions, employers only need to track one combined leave period.
- Employees benefit from concurrent leave because it extends the amount of protected time off available to them. An employee who takes 12 weeks of FMLA leave and then 12 weeks of CFRA leave would have 24 weeks off, whereas an employee who is eligible for concurrent leave would only need to take 12 weeks off total.
- Employers also benefit from concurrent leave because it reduces the risk of employee abuse of leave. By limiting the total amount of protected time off, employers can better manage staffing and ensure that employees do not take advantage of the leave benefits.
Qualifying Reasons for Concurrent Leave
Employees are entitled to FMLA and CFRA leave for the same qualifying reasons. These reasons include:
- Birth of a child and to care for the newborn within one year of birth
- Placement of a child through adoption or foster care and to care for the newly placed child within one year of placement
- Care for an immediate family member (spouse, child, or parent) with a serious health condition
- The employee’s own serious health condition that makes them unable to perform their job
Calculating Concurrent Leave
When an employee takes concurrent FMLA and CFRA leave, the total duration of the leave is counted against both laws’ 12-week leave entitlement. For example, if an employee takes 2 weeks of FMLA leave, they are left with 10 weeks of FMLA leave and 12 weeks of CFRA leave. If the employee then takes 4 weeks of CFRA leave, they are left with 8 weeks of CFRA leave and 8 weeks of FMLA leave. The employee is entitled to a combined total of 12 weeks of leave under both laws during the 12-month period.
| Weeks of FMLA Leave | Weeks of CFRA Leave | Total Leave Entitlement |
|---|---|---|
| 0 | 12 | 12 |
| 2 | 10 | 12 |
| 6 | 6 | 12 |
| 12 | 0 | 12 |
It is important to note that if an employee takes leave for a non-qualifying reason under one law, it does not count towards the other law’s entitlement. For example, if an employee takes 2 weeks of FMLA leave for a personal trip, they are left with 10 weeks of FMLA leave and 12 weeks of CFRA leave.
Leave Duration and Job Protection under FMLA and CFRA
Under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), eligible employees are allowed to take unpaid leave from work for a variety of reasons. These reasons include the employee’s own serious health condition, the serious health condition of a family member, the birth or adoption of a child, or for qualifying exigencies related to a family member’s military service. In this article, we will be discussing the leave duration and job protection granted under FMLA and CFRA.
Leave Duration
- Both FMLA and CFRA provide eligible employees with up to 12 weeks of unpaid leave during a 12-month period.
- An employee may choose to take their 12 weeks of leave all at once, or they may take their leave intermittently.
- If an employee’s leave is intermittent, it is up to the employer to determine how small of a time increment they will allow the leave to be taken in.
Job Protection
One of the most significant benefits that FMLA and CFRA offer employees is job protection. Both laws require that, upon the employee’s return from leave, the employee must be reinstated to the same or a comparable position. This means that the employer cannot retaliate against the employee for taking leave, and they cannot terminate the employee simply because they took leave.
However, it is important to note that job protection is not an absolute guarantee. If the employee’s position is eliminated due to a legitimate business reason – such as a company-wide layoff – then the employee may not be entitled to their position upon returning from leave. Additionally, if the employee is unable to perform the essential functions of their job, with or without reasonable accommodations, then they may not be entitled to their position upon returning from leave.
Comparison Table: FMLA vs. CFRA
| FMLA | CFRA | |
|---|---|---|
| Leave Duration | Up to 12 weeks | Up to 12 weeks |
| Eligibility Requirements | Employed by covered employer for at least 12 months, worked at least 1,250 hours during the previous 12 months | Employed by covered employer for at least 12 months, worked at least 1,250 hours during the previous 12 months, must work at employer with 50 or more employees within 75 miles |
| Reasons for Leave | Employee’s own serious health condition, family member’s serious health condition, birth or adoption of a child, qualifying exigencies related to family member’s military service | Employee’s own serious health condition, family member’s serious health condition, birth or adoption of a child |
| Job Protection | Employee must be reinstated to same or a comparable position upon return from leave | Employee must be reinstated to same or a comparable position, applies to employers with 50 or more employees within 75 miles |
Overall, both FMLA and CFRA provide eligible employees with the ability to take unpaid leave for certain qualifying reasons. The length of leave and job protection varies slightly between the two laws, but both laws offer important protections for employees who need to take time off from work for personal or family reasons.
California Family Rights Act (CFRA): Everything You Need to Know
As an employee in California, you have rights under the California Family Rights Act (CFRA). This state law provides eligible employees with job-protected leave for qualifying reasons, including the birth of a child, adoption or foster care placement, or to care for a family member with a serious health condition. Here are some important things to know about CFRA:
- You must work for a covered employer with 50 or more employees within a 75-mile radius.
- You must have worked for your employer for at least 12 months and have clocked in at least 1,250 hours during the year before your requested leave.
- You are entitled to up to 12 workweeks of unpaid leave in a 12-month period for CFRA-qualifying reasons.
Additionally, there are a few other things to keep in mind when it comes to CFRA:
- Your employer cannot fire you, retaliate against you, or interfere with your CFRA rights.
- Your employer must maintain your health insurance during your CFRA leave.
- You can take CFRA leave on an intermittent basis, meaning you can take leave in blocks of time rather than all at once, if medically necessary.
If you are eligible for both CFRA and the federal Family and Medical Leave Act (FMLA), your leave may run concurrently. This means that the 12 weeks of leave you are entitled to under both laws will run at the same time, rather than one after the other. However, if you exhaust your CFRA leave before your FMLA leave is up, you may still be eligible for the remainder of your FMLA leave.
| CFRA-qualifying reasons for leave: | Duration of leave: |
|---|---|
| Birth, adoption or foster care placement of a child | Up to 12 weeks per 12-month period |
| Care for a child, parent, spouse or domestic partner with a serious health condition | Up to 12 weeks per 12-month period |
| Your own serious health condition | Up to 12 weeks per 12-month period |
| Qualifying exigency arising out of a covered family member’s active duty or call to active duty in the Armed Forces | Up to 12 weeks per 12-month period |
| Care for a covered servicemember with a serious injury or illness | Up to 26 weeks per 12-month period |
Overall, the California Family Rights Act is an important law that provides eligible employees with job-protected leave for qualifying reasons. If you believe your rights have been violated, you may want to consider speaking with an employment law attorney who can help you understand your legal options.
FMLA vs. CFRA: Which One to Choose?
When it comes to taking leave from work, employees have the options of taking either FMLA or CFRA leave. FMLA, or the Family and Medical Leave Act, is a federal law that provides eligible employees up to 12 weeks of unpaid leave for certain family and medical reasons. CFRA, or the California Family Rights Act, is a state law that offers similar leave benefits but is only applicable to California employees working for employers with 50 or more employees.
- FMLA covers more reasons for leave than CFRA. FMLA allows employees to take leave to care for a newborn child, adopted child, or a child placed in foster care, while CFRA only covers leave to care for a newborn or adopted child.
- CFRA has a broader definition of family members than FMLA. CFRA allows employees to take leave to care for a registered domestic partner, while FMLA only allows time off to care for a spouse, child, or parent with a serious health condition.
- Employees can take FMLA and CFRA leave concurrently if the reasons for leave are the same. However, if the reasons are different, employees can choose which leave benefit to take.
So, which leave option should employees choose? It ultimately depends on their specific situation and needs. Employees may want to consider the following factors:
- Location: CFRA is only applicable to California employees, while FMLA is applicable to all eligible employees in the United States.
- Reason for leave: If an employee needs to take leave to care for a newborn child or a child placed in foster care, FMLA may be the better option. However, if an employee needs to care for a registered domestic partner, CFRA may be the only option.
- Company policies: Employers may have their own policies regarding leave, and employees should check with their HR department to make sure they are following the correct procedures.
| Factor | FMLA | CFRA |
|---|---|---|
| Applies to California employees | No | Yes |
| Covers care of newborn child, adopted child, or child placed in foster care | Yes | Only newborn or adopted child |
| Covers care for registered domestic partner | No | Yes |
Ultimately, FMLA and CFRA provide similar leave benefits but have some key differences. Employees should carefully consider their specific circumstances and choose the option that best fits their needs.
Common Pitfalls of Administering FMLA and CFRA Leave
Administering FMLA and CFRA leave can be a complex process that involves following federal and state regulations, as well as maintaining accurate records and communication with employees. Here are some common pitfalls to watch out for:
- Not having a clear understanding of eligibility requirements for employees. Both FMLA and CFRA have specific eligibility requirements that employees must meet in order to qualify for leave. Employers that don’t have a clear understanding of these requirements may deny leave to employees who are eligible, or grant leave to those who aren’t.
- Not properly designating FMLA or CFRA leave. Employers must designate leave as FMLA or CFRA leave in order for the leave to count against an employee’s entitlement. Failing to do so could result in employees receiving double the amount of leave they are entitled to.
- Having inaccurate or incomplete records. Proper record-keeping is crucial when it comes to administering FMLA and CFRA leave. Employers must maintain accurate records of leave taken, the reason for the leave, and the employee’s eligibility status.
Interplay Between FMLA and CFRA
It’s important to note that FMLA and CFRA may run concurrently, depending on the circumstances. Below is a table that outlines some of the key differences between FMLA and CFRA:
| Factor | FMLA | CFRA |
|---|---|---|
| Eligibility threshold | 50 employees within a 75-mile radius | 5 employees |
| Eligibility criteria | Covered employee must have worked for the company for at least 12 months, and have worked 1,250 hours during the previous 12-month period. | Covered employee must have worked for the company for at least 12 months, and have worked at least 1,250 hours during the previous 12-month period. Employee must also work at a job site with at least 5 employees within a 75-mile radius. |
| Amount of leave | Up to 12 weeks in a 12-month period | Up to 12 weeks in a 12-month period |
| Reasons for leave | Covered employee can take leave for their own serious health condition, to care for a family member with a serious health condition, or for the birth or adoption of a child. | Covered employee can take leave for their own serious health condition, or to care for a family member with a serious health condition. |
Employers should carefully consider the interplay between FMLA and CFRA when administering leave, and ensure that they are complying with both federal and state regulations.
7 FAQs about does FMLA run concurrently with CFRA
Q1. What is FMLA?
FMLA stands for the Family and Medical Leave Act, which provides eligible employees with up to 12 weeks of unpaid leave for their own medical condition, family member’s medical condition, or to care for a newborn or adopted child.
Q2. What is CFRA?
CFRA stands for the California Family Rights Act, which provides eligible employees with up to 12 weeks of unpaid leave for their own medical condition, family member’s medical condition, or to care for a newborn or adopted child, similar to FMLA.
Q3. Can I use FMLA and CFRA at the same time?
Yes, if you are eligible for both FMLA and CFRA, they can run concurrently. This means the leave you take under one law will count towards your entitlement under the other law, as long as the reason for the leave is covered by both laws and you meet the other eligibility requirements.
Q4. Do I need to tell my employer that I am using both FMLA and CFRA leave?
Yes, you should inform your employer that you are using both FMLA and CFRA leave, and provide them with the necessary documentation to support your request for leave. Your employer has the right to ask for medical certification of your or your family member’s medical condition to verify your eligibility for leave.
Q5. Can my employer deny my request for FMLA or CFRA leave?
If you meet the eligibility requirements for both FMLA and CFRA, and the reason for your leave is covered by both laws, your employer cannot deny your request for leave. However, your employer can require you to follow their usual policies and procedures for requesting and taking leave, such as providing notice in advance and using any accrued paid leave.
Q6. How can I know my eligibility for FMLA and CFRA?
You can check with your employer or the HR department to know your eligibility for FMLA and CFRA. Generally, to be eligible for both laws, you need to have worked for the employer for at least 12 months, worked at least 1,250 hours in the past 12 months, and work at a job site with 50 or more employees within a 75-mile radius.
Q7. What happens if I exhaust my entitlement under FMLA and CFRA?
If you exhaust your entitlement under FMLA and CFRA, your employer may be required to provide you with additional leave or reasonable accommodations under other state or federal laws, such as the Americans with Disabilities Act (ADA) or the Pregnancy Disability Leave (PDL).
Closing Words
We hope this article has answered your questions about whether FMLA runs concurrently with CFRA. Remember to inform your employer if you plan to use both FMLA and CFRA leave, and provide them with all the necessary documentation. Thank you for reading, and visit us again for more informative articles like this.