CFRA vs FMLA: Which Leave Law is Right for Your Company?

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Cfra Vs Fmla

CFRA vs FMLA are two of the most frequently used leaves of absence for eligible employees in California. The Family and Medical Leave Act (FMLA) is a federal program that entitles eligible employees to take 12 weeks of unpaid leave per year for family or personal medical issues whereas the California Family Rights Act (CFRA) allows eligible employees to take up to 12 weeks of unpaid leave from work within a 12-month period to care for themselves, a child, spouse, parent, domestic partner, or to bond with a new child.

Although these two leaves may appear the same, there are important differences between them. This article will discuss the differences between CFRA vs FMLA, and the importance of knowing these distinctions.

Are you familiar with the differences between CFRA and FMLA? Check out this Youtube video on “Leaves of Absences in California FMLA, CFRA and ADA”, and gain insights about leave management in California.

If you’re an employer or employee in California, understanding the nuances of leave policies are important. Gain valuable leave advice and finance-related tips by watching this informative video.

Overview of CFRA and FMLA

CFRA and FMLA are two leave programs that offer job protection and leave entitlement to eligible employees.

• CFRA, or California Family Rights Act, is a California state-based program that provides up to 12 weeks of unpaid leave within a 12-month period to eligible employees for qualifying events such as the birth or adoption of a child, caring for a family member with a serious health condition, or for an employee’s own serious health condition.
• FMLA, or Family and Medical Leave Act, is a federal program that provides eligible employees with up to 12 weeks of unpaid leave within a 12-month period for qualifying events such as the birth or adoption of a child, caring for a family member with a serious health condition, or for an employee’s own serious health condition.
• While both programs offer similar qualifying events and job protection, there are key differences between CFRA and FMLA. For example, CFRA only covers pregnancy complications while FMLA covers simply being pregnant as a qualifying event. Additionally, FMLA is a federal program while CFRA is state-based in California.
• Another difference between the two programs is in coverage for domestic partners. FMLA requires proof of marriage or a parent-child relationship, making it more difficult for domestic partners to qualify. In contrast, CFRA covers domestic partners who meet certain criteria.
• It is important to note that if an employee is eligible for both CFRA and FMLA, the leave taken under each program will run concurrently, meaning the employee would only be entitled to a total of 12 weeks of leave.

Eligibility Requirements

Both the FMLA and CFRA have eligibility requirements that employees must meet to be eligible for leave. Below is an overview of the requirements for each:

• Qualification criteria for employees:
• FMLA: Employees must have worked for their employer for at least 12 months and have worked at least 1,250 hours during the previous 12 months to be eligible for leave. The employee must also work at a location where the employer has at least 50 employees within 75 miles.
• CFRA: Employees must have worked for their employer for at least 12 months and have worked at least 1,250 hours in the 12 months before taking leave. The employee must also work at a location where the employer has at least 5 employees within 75 miles.
• Exemptions and limitations:
• FMLA: Employees can take up to 12 weeks of unpaid leave within a 12-month period for reasons such as the birth of a child, caring for a family member with a serious health condition, or the employee’s own serious health condition. FMLA also provides for military caregiver leave and qualifying exigency leave for military families. FMLA does not cover leave for domestic partners unless the partner meets the definition of a spouse under the FMLA regulations.
• CFRA: Employees can take up to 12 weeks of unpaid leave within a 12-month period for reasons such as the birth of a child, bonding with a newly adopted or fostered child, caring for a family member with a serious health condition, or the employee’s own serious health condition. CFRA also covers leave for domestic partners. CFRA does not provide for military caregiver or qualifying exigency leave. CFRA leave runs concurrently with FMLA leave if both apply to the same reason for leave.

It is important to note that eligibility for leave under FMLA and CFRA does not guarantee paid leave; it only provides job protection during the leave period.

Qualifying Reasons for Leave

CFRA and FMLA both provide eligible employees with unpaid, job-protected leave for specific reasons. However, there are some differences between the two programs.

• Under FMLA, simply being pregnant qualifies as a reason for leave, while under CFRA, only pregnancy complications are covered.
• CFRA only applies to covered employers in California, while FMLA is a federal program that applies to employers with 50 or more employees.
• Both programs cover leave for the birth, adoption, or foster care placement of a child, as well as for an employee’s own serious health condition.
• CFRA also covers leave to care for a seriously ill family member, while FMLA covers leave for military caregiver and qualifying exigency reasons.
• Employees must have worked for a covered employer for at least 12 months and for 1,250 hours in the 12 months before the start of the leave to be eligible for either program.
• It may be more difficult for domestic partners to be covered under FMLA than CFRA.

It is important for employers and employees to understand the qualifying reasons and eligibility requirements for both CFRA and FMLA to ensure compliance with the programs’ regulations.

Length of Leave and Job Restoration

Under both the FMLA and the CFRA, eligible employees are entitled to unpaid, job-protected leave for certain qualifying reasons. However, there are some differences in the length of leave and job restoration between the two acts.

• The FMLA and the CFRA allow eligible employees to take up to 12 weeks of leave in a 12-month period for a variety of qualifying reasons, including the birth or adoption of a child, caring for a seriously ill family member, or the employee’s own serious health condition.
• The CFRA also allows eligible employees to take up to 12 weeks of leave in a 12-month period for qualifying reasons related to pregnancy or childbirth, including pregnancy disability, prenatal care, and bonding with a new child. However, under the FMLA, simply being pregnant qualifies an employee for up to 12 weeks of leave.
• Job protection and restoration are similar under both acts. Upon return from leave, an employee must be restored to their original job or an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.
• Re-qualifying for leave can differ between the two acts. Under the FMLA, an employee must work for a covered employer for at least 12 months and have worked 1,250 hours in the 12 months before the start of the leave to be eligible for leave. Under the CFRA, an employee must only work for a covered employer for at least 12 months to be eligible for leave.

Compensation and Health Benefits

CFRA and FMLA have some differences when it comes to compensation and health benefits:

• Both CFRA and FMLA offer unpaid leave.
• An employee can use their sick leave and vacation time during their leave period under both CFRA and FMLA.
• Employers must maintain health benefits coverage during an FMLA leave period. Under CFRA, the employer must continue to pay the premium for health benefits for the first 12 weeks of the leave period or until the available benefits are exhausted.

When putting together a comprehensive compensation and benefits package for employees, employers may want to consider:

• Salary details
• Health insurance offerings (medical, dental, and vision)
• Life insurance
• Parental leave
• Stock options
• Retirement plans
• Vacation and sick time

Benefits Administration

When it comes to administering leave benefits, it’s important to understand the differences between CFRA and FMLA.

• Employer Obligations: FMLA is a federal program that applies to employers with 50 or more employees, while CFRA is state-based in California and applies to employers with five or more employees. Both laws entitle eligible employees to unpaid, job-protected leave under certain circumstances.
• Leave Qualification: FMLA covers a broader range of situations, including simply being pregnant, while CFRA only covers time off for pregnancy complications. An employee must have worked for a covered employer for at least 12 months and 1,250 hours in the 12 months before the start of the leave to qualify under both laws.
• Benefits Process: The application process for both laws is similar, and it begins with notifying the employer. Under CFRA, an employer must respond to the request within ten days, while FMLA requires a response within five days. If the employee qualifies, the employer must grant the leave and maintain the employee’s benefits.

Understanding the requirements and benefits of both laws is crucial for employers to properly administer leave benefits and protect their employees’ job security.

Recent Laws and Updates

Both CFRA and FMLA have undergone updates and legislative changes over the years. Understanding these changes is essential for both employees and employers to uphold their rights and obligations.

• CFRA and FMLA updates in recent years include changes in eligibility requirements, available leave amounts, and covered circumstances.
• Recent updates in CFRA include the expansion of eligible family members, the addition of military exigency leave, and elimination of the ability to waive coverage for specific individuals.
• Recent updates in FMLA include changes to military caregiver leave and the extension of leave for military families.
• Being informed about these recent updates is crucial to ensure compliance and avoid potential legal consequences.

Employers and employees can stay up-to-date on legal updates by regularly checking official government websites such as the US Department of Labor and the California Department of Fair Employment and Housing. Consulting with legal experts who specialize in employment law can also be helpful in navigating complex changes.

Conclusion

Overall, while the FMLA and CFRA share many similarities, there are also significant differences between the two. The FMLA is a federal program that applies to employers with 50 or more employees, while the CFRA is a state-based program in California that applies to employers with five or more employees.

One key difference is that while simply being pregnant qualifies for FMLA leave, CFRA only covers time off for pregnancy complications. Additionally, it is generally easier to be covered as a domestic partner under CFRA than FMLA.

Employers must carefully consider the requirements of both laws when choosing which leave program to offer their employees.

References

• SHRM: California Family Medical Leave Act
• California Department of Industrial Relations
• U.S. Department of Labor: FMLA
• California Department of Fair Employment and Housing