CFRA and FMLA both provide up to 12 weeks of unpaid, job-protected leave in 12 months and share the same employee eligibility test: 12 months of service and 1,250 hours worked in the prior year. The difference is coverage. CFRA applies to employers with 5 or more employees, while FMLA applies only to employers with 50 or more employees within 75 miles of the worksite. FEHA is separate: it’s California’s disability discrimination law, and it can require leave as a reasonable accommodation even after CFRA leave runs out.

California employees and employers often use these three names interchangeably, but each one does a different job. Confusing them can cost an employee protected time off, or expose an employer to a discrimination claim it didn’t see coming.

CFRA vs. FMLA: Side-by-Side Comparison

Factor	CFRA (State)	FMLA (Federal)
Covered employers	5 or more employees; public agencies regardless of size	50 or more employees within 75 miles of the worksite; all public agencies and schools
Employee eligibility	12 months of service, 1,250 hours worked in the prior 12 months	Same: 12 months of service, 1,250 hours worked in the prior 12 months
Leave amount	Up to 12 weeks in a 12-month period	Up to 12 weeks in a 12-month period
Pay	Unpaid (State Disability Insurance or Paid Family Leave may replace wages)	Unpaid
Covered family members	Spouse, domestic partner, child, parent, grandparent, grandchild, sibling, parent-in-law, and a designated person	Spouse, child, and parent only
Job restoration	Same or a comparable position	Same or an equivalent position
Enforced by	California Civil Rights Department	U.S. Department of Labor

Where CFRA and FMLA Overlap

When a California employer is large enough to be covered by both laws, CFRA and FMLA generally run concurrently. That means a single 12-week leave usually counts against both entitlements at once, rather than giving the employee 24 weeks total. Because a medical leave discrimination lawyer regularly sees cases where this overlap is handled incorrectly, getting the coordination right matters for both sides. 

An employer who miscounts the overlap, or an employee who assumes the leaves stack, can end up with the wrong expectations about how much protected time remains.

Where CFRA Goes Further Than FMLA

For most California workers, CFRA offers more protection than the federal law:

• Smaller employers are covered. A business with 5 employees is covered by CFRA but not FMLA.
• More family members qualify. CFRA adds domestic partners, grandparents, grandchildren, siblings, parents-in-law, and a self-designated person.
• Pregnancy leave is treated separately. California’s Pregnancy Disability Leave Law provides leave on top of CFRA bonding time, which can add up to roughly seven months of protected leave in some cases, compared to 12 weeks under FMLA alone.

What Is FEHA, and How Is It Different?

The Fair Employment and Housing Act (FEHA) is not a leave law in the way CFRA and FMLA are. It’s California’s broader anti-discrimination statute, and it prohibits discrimination based on disability, among other protected categories. FEHA applies to employers with 5 or more employees.

FEHA becomes relevant to leave in one specific way: an employer with a physical or mental disability may be entitled to medical leave as a reasonable accommodation. Unlike CFRA and FMLA, FEHA doesn’t set a fixed number of weeks. Instead, the employer must provide leave long enough to allow the employee to return to work, unless doing so would cause undue hardship.

What Happens When CFRA Leave Runs Out?

This is where many disputes start. Courts have repeatedly held that exhausting CFRA leave doesn’t end an employer’s obligations. If an employee still can’t return to work because of a disability, FEHA may require the employer to consider additional, finite leave as a reasonable accommodation. Employers who apply a rigid “maximum leave” policy and terminate an employee the day CFRA leave ends can be exposed to a failure-to-accommodate claim, even if they complied fully with CFRA.

The obligation is triggered through the interactive process: a good-faith, documented conversation between employer and employee about what accommodation might work. Employers can ask for medical documentation supporting the request. What FEHA doesn’t require is indefinite or open-ended leave. Courts have distinguished a request for a further, defined period from a request with no end date in sight.

Practical Takeaways

• For employees: If your employer has fewer than 50 employees, don’t assume you have no leave rights. CFRA may still apply. And if you’re still unable to return to work after CFRA leave ends, ask about accommodation under FEHA before assuming your options are exhausted.
• For employers: Track CFRA and FMLA eligibility separately, since the employer-size thresholds differ. Avoid blanket leave-ends-employment policies. When CFRA leave is exhausted and a disability is involved, start the interactive process rather than moving straight to termination.

Frequently Asked Questions

What is the main difference between CFRA and FMLA?

The main difference is employer size. CFRA covers employers with 5 or more employees; FMLA only covers employers with 50 or more employees within 75 miles of the worksite. Employee eligibility rules are otherwise nearly identical.

Do CFRA and FMLA run at the same time?

Generally, yes, when an employer is covered by both. The same 12-week leave typically counts against both entitlements simultaneously rather than adding up to 24 weeks.

Is FEHA a leave law?

Not primarily. FEHA is California’s disability discrimination law. It can require leave as a reasonable accommodation, but it doesn’t set a fixed number of weeks the way CFRA and FMLA do.

Can I get more leave after my CFRA leave runs out?

Possibly, if you have a disability. FEHA may require your employer to provide additional, finite leave as a reasonable accommodation through the interactive process.

Does CFRA cover more family members than FMLA?

Yes. CFRA covers domestic partners, grandparents, grandchildren, siblings, parents-in-law, and a designated person, in addition to the spouse, child, and parent that FMLA covers.