FMLA vs. CFRA: What’s the Difference?

Summary:

• The Bureau of Labor Statistics reports varying percentages of employees receiving paid and unpaid family leave.

• FMLA and CFRA offer protections for employee leave but differ in eligibility criteria and benefits.

• Understanding the key differences between FMLA and CFRA is crucial to protect your rights during difficult times.

The Bureau of Labor Statistics reports that in March 2023, 27 percent of civilian employees received paid family leave and 90 percent received unpaid family leave. In the private business sector, 27 percent of employees took paid family leave and 89 percent took unpaid family leave. In the case of employees working for local and state governments, 28% enjoyed the benefit of paid family leave, while 94% were entitled to take unpaid leave.

FMLA (Family and Medical Leave Act) is a federal law that allows workers to stay away from their jobs for a while because of medical or family emergencies. The California Family Rights Act (CFRA), also being a state law, offers more advantages than FMLA.

Understanding the differences between FMLA and CFRA becomes mandatory when one thinks about taking a leave from work. Both laws provide unpaid leave but differ concerning their criteria of eligibility and their benefits. Certain elements of those laws and their potential applications in your case may surprise you. 

Let’s know the key differences between the two so you can exercise your rights properly.

Overview of FMLA and CFRA

Both laws provide some individual protection for employees, but certain principles vary with each act. Another factor that influences them is state laws where they operate. For FMLA in California, they offer up to 60 workdays or 12 weeks of unpaid, job-protected leave. This benefit can be taken within a 12-month period.

The CFRA covers many of the same areas as does the FMLA but has been tailored for the residents of California. The legislation allows for almost the same unpaid leaves, but there are slight differences, for instance, in terms of the family members that can be covered under each law.

It will be good for you to know about these differences so that you can protect your rights from being infringed.

Eligibility Requirements for FMLA and CFRA

In order to grant leave based on FMLA or CFRA, certain eligibility criteria have to be met. An employee qualifying for FMLA has to be in the company’s favor and in the specified position for the past year at least, need to have worked a total of at least 1,250 hours over the last twelve months and must be situated no farther than 75 miles from another branch where at least 50 employees work.

The conditions for CFRA are very similar, but still one has to work for a firm with a minimum of five employees. Both provide for leave due to personal or a family member’s medical conditions. Note that CFRA does not cover leaves related to childbirth.

Being clear about this precise set of eligibility requirements will enable you to claim your rights easier and get the support that you truly deserve during difficult times.

Benefits and Coverage Under FMLA and CFRA

When the eligibility requirements are defined, the next step would be to analyze the benefits and the coverage amounts given by FMLA and CFRA. These two laws grant job protection and give the employee the right to leave without pay for certain family and medical reasons.

The FMLA lets an employee take 12 weeks off, and during that period, the employee can be undergoing medical treatment for a serious health condition and, at the same time, caring for a relative with a similar health problem.

Under CFRA, divorce or separation procedures can be reasons for an employee to take leave. Other reasons are adoption, foster care, or caring for family members. 

If you think your rights are being disregarded under this act, you can seek legal advice on what is best to do, says family lawyer Jacob P. Mathis. Seeing a lawyer can help guarantee that your rights, as well as those of your family, are protected.

Both laws require that health benefits be continued by the employer during the leave so that you can focus on the real job of getting well and taking care of your family. Familiarizing yourself with FMLA and CFRA will give you peace of mind to avail these key protections for your family and work life.

Key Differences Between FMLA and CFRA

 

While both laws offer protections for an employee in need of leave, in many instances, there exist differences that could very well affect your rights and options. The FMLA leaves workers up to a maximum of 12 weeks of leave for any family and medical reasons. Meanwhile, CFRA extends the coverage for more family members, such as siblings, and also allows up to 12 weeks of leave. 

Another difference is that FMLA applies only to employers that have 50 or more employees, while CFRA applies to employers with as few as five. 

Such distinctions ought to be familiar, as they might very well influence your taking leave when you require it the most. Being aware of your rights will indeed give you power over the situations and grant you support throughout the hardships.

Dealing with Leave Policies in the Workplace

Becoming familiar with all the details of FMLA and CFRA would certainly be the best course of action before, during, and after taking a leave, simply because it would give you the confidence that none of your rights would be violated and you would get the leave you require.

In case of any uncertainty, HR is always glad to provide assistance. Keeping your managers informed about your condition is another thing that is strongly recommended. Once you know your rights and obligations, it is time you work with confidence toward a culture that shines in its support of you and offers you a hand of welcome.