In California, the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) both provide eligible employees with up to 12 weeks of unpaid, job-protected leave within a 12-month period for specified family and medical reasons.
When an employee’s reason for leave qualifies under both FMLA and CFRA, the two leaves can run concurrently, meaning the leave time counts simultaneously against the 12-week entitlement under each law. If you believe you’re experiencing FMLA retaliation for your leave, contact our Los Angeles employment attorneys for legal assistance today.
Concurrent Leave Under FMLA and CFRA
Both FMLA and CFRA allow leave for similar reasons, including:
- The birth and care of a newborn child.
- Placement of a child for adoption or foster care.
- To care for a spouse, domestic partner, child, parent, or other qualifying family member with a serious health condition.
- The employee’s own serious health condition makes them unable to perform their job functions.
When an employee takes leave for any of these reasons, and the situation qualifies under both FMLA and CFRA, the leave periods run concurrently. This means the employee is entitled to a total of 12 weeks of leave, not 12 weeks under each act separately. For instance, if an employee takes 4 weeks of leave to care for a sick parent, they would have 8 weeks of leave remaining that could be used under either FMLA or CFRA within the same 12-month period.
When Do FMLA and CFRA Not Run Concurrently?
There are specific circumstances where FMLA and CFRA do not run concurrently, allowing an employee to take separate leave under each act:
Pregnancy-Related Disability
Under California law, an employee disabled by pregnancy is entitled to up to four months of Pregnancy Disability Leave (PDL). FMLA leave runs concurrently with PDL, but CFRA leave does not. After the PDL (and concurrent FMLA leave) concludes, an employee may then take up to 12 weeks of CFRA leave for baby bonding, effectively extending the leave period.
Care for Family Members Not Covered by FMLA
CFRA allows leave to care for additional family members not covered under FMLA, such as a domestic partner, parent-in-law, grandparent, grandchild, or sibling. In these cases, the leave taken to care for these relatives would be covered by CFRA but not FMLA, so the leaves would not run concurrently.
Common Issues Employees Face
Employees frequently file claims related to FMLA and CFRA when they believe their rights to protected leave have been violated. Common allegations include employers denying legitimate requests for leave, retaliating against employees for taking leave, or failing to reinstate employees to their original or equivalent positions upon return.
For instance, an employee might claim wrongful termination after taking leave to care for a seriously ill family member, or report demotion following maternity leave. Such actions may constitute violations of FMLA and CFRA provisions, leading employees to seek legal recourse to protect their rights.
Filing a Complaint with the California Civil Rights Department (CRD)
The CRD is responsible for enforcing the CFRA. Employees who believe their CFRA rights have been violated can file a complaint with the CRD, which will investigate the allegations and may take action against the employer if violations are found. This process can lead to remedies such as reinstatement, back pay, and policy changes.
Pursuing a Private Civil Lawsuit
Both FMLA and CFRA allow employees to file private civil lawsuits against employers for violations. This legal action can seek remedies including compensation for lost wages, reinstatement to the former position, and coverage of attorney’s fees. Call us at (310) 499-0140 or use our contact form today.