Do FMLA And CFRA Run Concurrently?

Life doesn’t always wait for work schedules. Whether you are welcoming a new baby, caring for a parent who is seriously ill, or focusing on your own health recovery, you should not have to choose between your career and your family. California workers are lucky to have two major safety nets: the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

While these laws are designed to protect your job, it can be difficult to understand when they overlap, leaving many employees asking, “Can you take FMLA and CFRA separately?” If you feel like your employer is giving you the runaround or if you aren’t sure how much time you actually have, call Harlan Hillier DiGiacco at (619) 330-5120 or fill out our online form to talk over your situation. 

What Is FMLA?

The Family and Medical Leave Act is a federal law that gives eligible employees the right to take unpaid leave for certain medical or family reasons without fear of losing their job. FMLA allows up to 12 weeks of leave in a 12-month period for things like:

• Your own serious health condition
• Caring for a family member with a serious health condition
• The birth or adoption of a child

What Is the CFRA?

The California Family Rights Act (CFRA) is our state’s version of family leave. In many ways, it is very similar to the FMLA, offering 12 weeks of job-protected leave. However, California law is often more inclusive than federal law.

For example, the CFRA covers a broader range of “family members.” Under the FMLA, you can generally only take leave to care for a spouse, child, or parent. The CFRA expands this list to include grandparents, grandchildren, siblings, and “designated persons” (someone you have a close relationship with, like an unmarried partner).

One key difference? CFRA does not cover leave for pregnancy disability itself. That falls under a separate law called the Pregnancy Disability Leave (PDL). 

Qualifications for FMLA vs. CFRA

While FMLA and CFRA overlap, the requirements to qualify are slightly different:

• For FMLA: You must have worked for your employer for at least 12 months and logged at least 1,250 hours in the past year. Your company must also have at least 50 employees within a 75-mile radius of your worksite.
• For CFRA: The 12-month and 1,250-hour rules still apply. However, since 2021, the CFRA applies to much smaller businesses. If your employer has five or more employees, they must comply with the CFRA.

This means many Californians who work for small businesses qualify for state leave even if they don’t qualify for federal leave.

Family emergencies and personal health challenges shouldn’t have to wait. If you’ve felt uncertain, pressured, or blocked from taking time off, call (619) 330-5120 or fill out our online form today. At Harlan Hillier DiGiacco, we treat your case personally and fight to make sure your rights are honored every step of the way.

Do FMLA & CFRA Run Concurrently?

Here’s where things get tricky. In most situations, the answer is yes. Does FMLA and CFRA run concurrently? In most cases, yes. When the same event qualifies for both FMLA and CFRA, the leave is counted against both laws at the same time. This is called concurrent leave.

For example, if you’re caring for a seriously ill parent, your 12 weeks off would typically count under both FMLA and CFRA. You wouldn’t get 12 weeks under one law and another 12 under the other.

When FMLA and CFRA Do Not Run Concurrently

Although concurrent leave is common, there are situations where the two laws don’t overlap:

• Pregnancy disability leave: Covered by California’s Pregnancy Disability Leave, not CFRA.
• Different qualifying events: If you take FMLA for your own health condition and CFRA later for a family member or to give birth, the leaves are separate.

Challenges Employees Face When It Comes to FMLA and CFRA

Even though these laws exist, taking leave isn’t always a smooth process. You might face “unjust resistance” from a manager who claims the company is too busy. You might be told you don’t qualify when you actually do, or you might find your responsibilities have been stripped away when you return.

Some employers may try to force you to use all your vacation time first or fail to tell you that does FMLA and CFRA run concurrently in your specific case. This lack of clarity can make a difficult time feel even heavier.

How Harlan Hillier DiGiacco Can Help

At Harlan Hillier DiGiacco, we’ve seen how much it hurts when an employer treats a loyal worker like a number on a spreadsheet. We recently won a $9.3 million verdict for a client who was wrongfully fired while she was on leave caring for her ill son. We believe that workers are human beings first, and your family’s well-being should never be a reason for you to lose your career.

If your employer is pushing back against your request for leave, or if you’ve returned to work only to find you’ve been sidelined, we want to listen. Reach out to our team of employment lawyers today online or by calling (619) 330-5120. Your consultation is private, free, and carries no obligation.