California Family Rights Act & New Parent Leave Act
The California Family Rights Act (CFRA) provides up to 12 weeks of unpaid leave to eligible employees to bond with a new child or to care for themselves or a family member with a serious health condition. Employees who have worked for their employer for at least 1,250 hours and at least 12 months, and work for an employer with at least 5 employees, are eligible to utilize CFRA leave, provided they have a qualifying reason.
CFRA leave can be continuous or intermittent. An employee utilizing this type of leave has certain job protection and benefits continuation rights for the duration of their leave.
While CFRA itself is unpaid, individuals who qualify to use CFRA typically also qualify for and can utilize California’s Paid Family Leave (PFL) benefits during their leave. As of 2021, PFL provides up to 8 weeks of partial wage replacement benefits.
This fact sheet contains information on the CFRA, and is provided to new California employees of Justworks customers automatically upon hire. California’s DFEH has also created this helpful chart comparing requirements under CFRA and the federal Family and Medical Leave Act (FMLA) for family care and medical leave reasons.
CA Department of Fair Employment and Housing (DFEH): Family Care and Medical Leave Fact Sheet
Pregnancy Disability Leave Law
California’s Pregnancy Disability Leave (PDL) Law allows eligible employees to take up to 4 months of leave for any physical or mental disability related to pregnancy or childbirth. Such a disability must be substantiated by a medical professional. Employees are eligible upon their date of hire if they work for an employer with 5 or more employees.
PDL is itself unpaid. However, individuals who qualify for PDL also typically qualify for California Disability Insurance (DI) during that same period. PDL provides certain job protection and benefits continuation rights for the duration of their leave, while DI provides at least partial wage replacement.
Neither CFRA nor NPLA include pregnancy as a qualifying reason to utilize leave. However, once a pregnant employee has exhausted PDL, they may be eligible to take either CFRA or NPLA leave for purposes of bonding with their new child.
You can find additional information on California’s PDL Law here.
California’s DFEH has also created this helpful chart comparing requirements under CFRA, PDL, and the federal Family and Medical Leave Act (FMLA).
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.