What is the difference between FMLA and CFRA relating to maternity leave?
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What is the difference between FMLA and CFRA relating to maternity leave?
Do these run concurrently at any time?
Asked on April 3, 2011 under Employment Labor Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The Family Leave Medical Act (FMLA) is usually 12 weeks total unpaid leave from work. So, women who have leave time but want to take time off like 6 or 8 weeks only can use the FMLA time, which runs concurrently with the person's own sick leave and annual time. If after the 8 weeks let's say mom has no more paid time available, mom still has 4 weeks she is allowed unpaid without retaliation or firing from her employer. This is of course mom qualified to be on FMLA when she took it and the employer qualified to have to offer FMLA. As to CFRA, which stands for the California Family Rights Act, operates much like FMLA in terms of allowing unpaid time off or requiring paid time off to be taken during the time for maternity leave. The FMLA is a federal law and of course the CFRA is a state law. CFRA was designed to meet FMLA standards but the two do not run separately. They run together so mom only has a 12 week time period in any given year.
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