California Medical Leave Laws 2025 – How They Differ from FMLA?

Life doesn’t always take the form we think it will. When illness strikes you or a family member, everything can turn upside down. During these difficult times, the last thing you need to worry about is whether taking the time off to care for yourself or a loved one will cost your employment. Whether you work in an office in Downey or a big box store in Los Angeles, understanding California medical leave laws and how they differ from FMLA is important.

Key Differences Between California Medical Leave Laws and FMLA

When it comes to medical leave in California, most employees have certain rights under either the California Family Rights Act, CFRA, or the Family and Medical Leave Act, FMLA. However, there are certain key differences between these two laws.

The FMLA typically will cover employers who employ 50 or more individuals within a 75-mile radius. The CFRA, on the other hand, applies to California employers with five or more employees, making this option more accessible for individuals working in smaller businesses. Because of this key difference, in California, more workers are likely to be able to seek protected, unpaid job leave under CFRA rather than under the FMLA.

Another key difference lies in what family members are covered under either law. Under the CFRA, you may be able to take leave for additional members of your family and loved ones, like a domestic partner, grandchildren, or grandparent, siblings, or a parent-in-law. The FMLA does not cover these individuals.

The only individuals covered under the FMLA include a spouse, a parent, a dependent adult child, or a minor child. For some individuals, they may be able to seek paid leave; however, this will be through either the FMLA coverage or the CFRA. Typically, among workers who can use leave, approximately 36% receive no pay whatsoever.

Common California Family Rights Act Violations

In California, it is vital to be aware of the differences between what is available under the CFRA and what is available under the FMLA. When you seek assistance under either of these programs, you may find that your employer violates your rights. When your employer violates your rights to any form of necessary medical leave, you may be entitled to certain forms of compensation.

In California, the most common medical leave rights violations include the following:

• Your employer denies or refuses to authorize your reasonable request for either CFRA or FMLA leave, even when you meet every single one of the requirements.
• Cutting your hours or docking pay once you return from medical leave.
• Demoting, terminating, or disciplining you because you took reasonable and protected medical leave to either care for yourself or a sick loved one.
• Reinstating you once you return to a position that is not equivalent in benefits, pay, or job duties to your previous position.
• Failing to maintain any of your allotted group health insurance benefits while you are away on leave.
• Requiring that you respond to all work emails or calls, or perform your work while you are on protected leave.
• Retaliating against you should you request or inquire about your rights under CFRA or FMLA.

Trust the Team at the Shirazi Law Firm, PC

Since the firm’s inception in 2011, the Shirazi Law Firm, PC has been a leader in advocating for the rights of employees across California. However, our team has been involved in this industry for over two decades and has won millions of dollars in compensation for past clients. We are now ready to turn our time and attention to your case and work to get you the compensation necessary when your employer violates your rights to California medical leave.

FAQs

Can I Get Paid During Leave in California?

Under both FMLA and the CFRA, all provided job protection is unpaid. However, depending on your situation, California does offer separate assistance programs that can help provide you with wage replacement. However, amongst the lowest 10% of earners in the state, only around one in twenty of these workers actually have access to paid family or medical leave.

What Counts as a Serious Health Condition?

For the purposes of medical leave in California, a serious health condition is any injury, impairment, illness, or condition that either requires inpatient care or requires you to have continuing treatment by your healthcare provider. This may include chronic conditions like diabetes, epilepsy, cancer, or even pregnancy-related conditions.

How Do You Apply for Medical Leave in California?

To apply for medical leave in California, you need to first determine your eligibility under either the CFRA or the FMLA. You will then need to calculate your start and end dates and coordinate these dates with any paid leave options that you may be eligible for. You will then need to notify your employer, gather necessary documentation, submit your official request, and coordinate any benefits you may be receiving.

How Much Does It Cost to Hire a CFRA/FMLA Lawyer?

We work on a purely contingency basis.  Meaning you never pay us out of pocket.  It can be difficult to offer an exact estimate as to how much it may cost to hire a CFRA or FMLA lawyer in California, as each lawyer and every case is vastly different. However, most costs will be based on several factors present in the case, including the duration and complexity of the case, the skill level and experience of your lawyer, and how your lawyer structures their fees.

Hire an Employment Lawyer From the Shirazi Law Firm, PC Today

At the Shirazi Law Firm, PC, we recognize that behind every employment law case is an individual who is simply trying to keep their life on track. This is why we meet you where you’re at and offer you the compassionate and experienced legal care you deserve. Our firm is a boutique law firm, committed to offering all our clients the attention necessary to seek a favorable case outcome.

Contact us for a consultation and hire an employment lawyer today. Our legal team can help you explore your options.