CFRA Family & Medical Leave Claims in California
The California Family Rights Act (CFRA) provides eligible employees up to 12 weeks of job-protected, unpaid leave per year for family and medical reasons. CFRA claims arise when employers deny eligible leave requests, interfere with the right to take leave, or retaliate against employees for requesting or taking leave. CFRA is broader than federal FMLA in several ways — it covers employers with just 5 employees (FMLA requires 50), includes more family members (grandparents, grandchildren, siblings, domestic partners), and does not count pregnancy disability leave against the 12-week entitlement.
Elements of the Claim
To succeed on this claim, you generally must establish each of the following:
- 1
Eligible employee
You worked for an employer with 5 or more employees, had at least 12 months of service, and worked at least 1,250 hours in the 12 months before leave.
- 2
Qualifying reason
Your leave was for a qualifying reason: your own serious health condition, caring for a family member with a serious health condition, bonding with a new child (birth, adoption, or foster care), or a qualifying military exigency.
- 3
Interference or retaliation
Your employer denied your leave request, discouraged you from taking leave, failed to reinstate you to the same or comparable position, or took adverse action because you requested or took CFRA leave.
- 4
Damages
You suffered harm as a result — lost wages, lost benefits, emotional distress, or other damages.
Filing Deadlines
Missing a deadline can bar your claim. Act promptly and consult an attorney if deadlines are approaching.
CRD administrative complaint
3 years
Gov. Code § 12960
From the date of the CFRA violation (denial, interference, or retaliation). CFRA is enforced through FEHA.
Right-to-sue lawsuit
1 year
Gov. Code § 12965(c)(1)(C)
After receiving a right-to-sue notice from CRD.
Frequently Asked Questions
Who is eligible for CFRA leave?
You are eligible if you: (1) work for an employer with 5 or more employees anywhere, (2) have worked for the employer for at least 12 months (need not be consecutive), and (3) have worked at least 1,250 hours in the 12 months before your leave starts. Unlike federal FMLA, CFRA has no requirement that you work at a site with 50+ employees within 75 miles, making it accessible to far more California workers.
Can my employer fire me for taking CFRA leave?
No. CFRA makes it unlawful for an employer to retaliate against an employee for requesting, taking, or returning from CFRA leave. You are entitled to reinstatement to the same or a comparable position upon returning from leave. If you are terminated, demoted, or otherwise penalized for exercising your CFRA rights, you may file a complaint with CRD and/or a civil lawsuit seeking back pay, emotional distress damages, and attorney's fees.
What is the difference between CFRA interference and CFRA retaliation?
Interference occurs when an employer prevents you from exercising your CFRA rights — denying a valid leave request, discouraging you from taking leave, failing to inform you of your rights, or refusing reinstatement. Interference does not require discriminatory intent. Retaliation occurs when an employer takes adverse action because you requested or took leave — such as firing, demotion, or poor reviews. Both are separate CFRA violations, and you can pursue both claims simultaneously.
How is CFRA different from FMLA?
Key differences: CFRA covers employers with 5+ employees (FMLA requires 50+); CFRA includes domestic partners, grandparents, grandchildren, and siblings as qualifying family members (FMLA does not); CFRA leave for pregnancy disability is separate from the 12-week entitlement (under FMLA, pregnancy disability counts against the 12 weeks); and CFRA has no worksite-size requirement. In most situations, CFRA provides broader protections for California employees.
Can I take CFRA leave intermittently?
Yes. If medically necessary for your own or a family member's serious health condition, you can take CFRA leave in increments — even as little as one hour at a time. For bonding with a new child, the minimum increment is two weeks, though an employer must grant at least two requests for leave of less than two weeks. Your employer cannot require you to transfer to an alternative position solely because you take intermittent leave.
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