--- title: California Family Rights Act (CFRA) description: Life sometimes presents us with sudden medical conditions that impair our ability to work or grants us the wonders of a new child. Know your rights under California Family Rights Act. image: https://www.protectingemployees.com/hubfs/California%20Family%20Rights%20Act%20(CFRA).png --- [Skip to content](https://www.protectingemployees.com/california-family-rights-act-cfra#main-content) - [Home](https://www.protectingemployees.com/) - Categories Show submenu for Categories - Discrimination Show submenu for Discrimination - [Pregnancy Discrimination 101](https://www.protectingemployees.com/pregnancy-discrimination-101) - [Workplace Discrimination 101](https://www.protectingemployees.com/workplace-discrimination-101) - Employee Rights Show submenu for Employee Rights - [Reduce Stress](https://www.protectingemployees.com/five-ways-to-reduce-stress-in-the-workplace) - [COVID-19 in the Workplace](https://www.protectingemployees.com/4-questions-you-may-have-about-covid-19-in-the-workplace) - [6 Basic Employee Rights](https://www.protectingemployees.com/6-basic-california-employee-rights-you-should-know) - Harassment Show submenu for Harassment - [Signs of Sexual Harassment in the Workplace](https://www.protectingemployees.com/signs-of-sexual-harassment-in-the-workplace) - Misclassification Show submenu for Misclassification - [Independent Contractor](https://www.protectingemployees.com/3-signs-that-you-may-be-misclassified-as-an-independent-contractor) - Updates on Law - Wage & Hour Show submenu for Wage & Hour - [Minimum Wage in CA](https://www.protectingemployees.com/minimum-wage-what-california-employees-need-to-know) - Wrongful Termination Show submenu for Wrongful Termination - [What is Wrongful Termination?](https://www.protectingemployees.com/what-is-wrongful-termination) - Workers' Compensation Show submenu for Workers' Compensation - [Employment Law vs. Workers’ Compensation Explained](https://www.protectingemployees.com/employment-law-vs.-workers-compensation-explained) - [Initiating a Workers’ Compensation Case](https://www.protectingemployees.com/initiating-a-workers-compensation-case) - [Resources](https://www.protectingemployees.com/resources) - [About Us](https://www.protectingemployees.com/about-us) Open main navigation Close main navigation - [Home](https://www.protectingemployees.com/) - Categories Show submenu for Categories - Discrimination Show submenu for Discrimination - [Pregnancy Discrimination 101](https://www.protectingemployees.com/pregnancy-discrimination-101) - [Workplace Discrimination 101](https://www.protectingemployees.com/workplace-discrimination-101) - Employee Rights Show submenu for Employee Rights - [Reduce Stress](https://www.protectingemployees.com/five-ways-to-reduce-stress-in-the-workplace) - [COVID-19 in the Workplace](https://www.protectingemployees.com/4-questions-you-may-have-about-covid-19-in-the-workplace) - [6 Basic Employee Rights](https://www.protectingemployees.com/6-basic-california-employee-rights-you-should-know) - Harassment Show submenu for Harassment - [Signs of Sexual Harassment in the Workplace](https://www.protectingemployees.com/signs-of-sexual-harassment-in-the-workplace) - Misclassification Show submenu for Misclassification - [Independent Contractor](https://www.protectingemployees.com/3-signs-that-you-may-be-misclassified-as-an-independent-contractor) - Updates on Law - Wage & Hour Show submenu for Wage & Hour - [Minimum Wage in CA](https://www.protectingemployees.com/minimum-wage-what-california-employees-need-to-know) - Wrongful Termination Show submenu for Wrongful Termination - [What is Wrongful Termination?](https://www.protectingemployees.com/what-is-wrongful-termination) - Workers' Compensation Show submenu for Workers' Compensation - [Employment Law vs. Workers’ Compensation Explained](https://www.protectingemployees.com/employment-law-vs.-workers-compensation-explained) - [Initiating a Workers’ Compensation Case](https://www.protectingemployees.com/initiating-a-workers-compensation-case) - [Resources](https://www.protectingemployees.com/resources) - [About Us](https://www.protectingemployees.com/about-us) [CONTACT US](https://www.protectingemployees.com/contact-us) Jul 21, 2022 9:00:00 AM # California Family Rights Act (CFRA) [protectingemployees.com](https://www.protectingemployees.com/author/protectingemployees-com) Share: [facebook-f icon](http://www.facebook.com/share.php?u=https://www.protectingemployees.com/california-family-rights-act-cfra) [linkedin-in icon](http://www.linkedin.com/shareArticle?mini=true&url=https://www.protectingemployees.com/california-family-rights-act-cfra) [Twitter icon](https://twitter.com/intent/tweet?url=https://www.protectingemployees.com/california-family-rights-act-cfra) [pinterest-p icon](http://pinterest.com/pin/create/link/?url=https://www.protectingemployees.com/california-family-rights-act-cfra) [envelope icon](mailto:?body=https://www.protectingemployees.com/california-family-rights-act-cfra) Life sometimes presents us with sudden medical conditions that impair our ability to work or grants us the wonders of a new child. As you navigate life’s circumstances, the status of your job should not be a stressor. In this blog post, you will learn the basics of the California Family Rights Act.   **What is the California Family Rights Act?** The California Family Rights Act of CFRA is the state equivalent of federal Family Paid Leave. It provides eligible employees up to 12 weeks of paid or unpaid job protection.   **What kinds of employers does CFRA apply to?** CFRA applies to employers who employ five (5) or more part-time or full-times employees who are paid a salary or wages for their services.   **What kinds of employees are eligible for CFRA?** - Employees are eligible for CFRA if they have been: - Employed by employer for at least 12 month and - Employed for at least 1250 hours during the 12-month period preceding the date leave is to start.   **What kinds of circumstances fall under CFRA protection?** - Birth or adoption of a child - Foster placement of a child - To care for a family member (spouse, including registered domestic partners, child, or parent) with a serious health condition - When an employee is unable to work because of a serious health condition\*   **What qualifies as a “Serious Health Condition”?** - Incapacity\*\* resulting from inpatient care (hospital, hospice, or residential medical care facility) - Any incapacity\*\* requiring an absence longer than three consecutive calendar days - Continuing treatment by a health care provider for a chronic or long-term health condition - Restorative surgery for injuries (including dental) sustained from an accident or injury \*\* **Incapacity is defined as**: when an employee is unable to work, attend school or perform regular daily activities due to a serious health condition.   **What is NOT covered under CFRA?** - Pregnancy or childbirth disability\*\*\* - Routine physical examinations \*\*\* While pregnancy or childbirth disability does not fall under CFRA protections, both are covered under California Pregnancy Disability Leave (PDL)   **How would one go about requesting leave?** - Provide notice. Notice can be in writing or verbal. - The notice should include: - The date(s) of the requested leave - The expected duration of the leave - Provide ample time for notice. An employer may require 30-day advance notice from employee. - If the basis for requested leave is unexpected, report as soon as practicable.   **If one requests leave, what can the employer do?** - The employer may not require disclosure of diagnosis. - Although they cannot require disclosure of diagnosis, an employer may request medical certification. Employee consent is required for disclosure of diagnosis. - An employer must respond to leave request(s) no later than 5 business days after the request was made. - An employer may require an employee to use accrued sick or vacation time, unless time is covered by other paid leave laws. - Employer funded health benefits will remain available during said protected leave.   **Returning after CFRA leave?** - You are guaranteed the same or comparable position upon your return from CFRA leave (can request guarantee in writing). - If your position is no longer available,. then you are guaranteed a **comparable** position upon your return. - Comparable in: Pay, benefits, shift, schedule, geographic location, and working conditions. This includes privileges, perquisites, and status. - There is no right to reinstatement if a layoff or termination occurs unrelated to the leave. 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