Taking medical leave in California means working with two laws at once, and most people only find that out partway through the process. The federal Family and Medical Leave Act (FMLA) protects your job, the California Family Rights Act (CFRA) usually protects it too and reaches more workers, and a separate state program handles the paycheck. Here is how the pieces fit together and what you actually need to do.
To get FMLA leave in California, you notify your employer of your need for leave, receive a certification form from them, have a licensed provider complete the medical portion, return it by the deadline, and separately file a claim with the Employment Development Department if you want partial wage replacement while you are out. The medical certification supports your request. Your employer or leave administrator makes the final determination.
Key takeaways
- Most California employees are covered by CFRA even when FMLA does not apply. The Department of Labor sets the federal FMLA threshold at employers with 50 or more employees, while California’s Civil Rights Department applies CFRA to employers with 5 or more.
- Leave and pay come from two different places. FMLA and CFRA give you job-protected time off without pay. State Disability Insurance and Paid Family Leave, both administered by the EDD, replace part of your income.
- The medical certification is the step you control. Employers typically give you 15 calendar days to return it, and an incomplete form is one of the most common reasons leave gets delayed.
Does California have its own version of FMLA?
Yes. The California Family Rights Act (CFRA), codified at Government Code section 12945.2, provides eligible employees with up to 12 workweeks of unpaid, job-protected leave in a 12-month period for their own serious health condition, to care for a family member with a serious health condition, or to bond with a new child.
When both laws apply, FMLA and CFRA leave generally run at the same time rather than back to back, so you have 12 weeks total in most situations rather than 24. CFRA is broader than the federal law in several ways that matter:
- Smaller employers are covered. CFRA applies to employers with 5 or more employees. FMLA generally applies at 50 or more employees within 75 miles of your worksite.
- The family definition is wider. CFRA covers a spouse, registered domestic partner, child, parent, parent-in-law, grandparent, grandchild, sibling, and in some circumstances a “designated person” you identify. FMLA covers a narrower set.
- Pregnancy is handled separately, which is explained further down.
The practical result is that many California workers who are told they do not qualify for FMLA still have CFRA protection. If your employer is small, ask specifically about CFRA.
Who qualifies for FMLA and CFRA in California?
For federal FMLA, the Department of Labor describes general eligibility as working for a covered employer, having worked for that employer for at least 12 months, having worked at least 1,250 hours in the 12 months before leave begins, and working at a location where the employer has at least 50 employees within 75 miles.
For CFRA, the tenure and hours requirements are similar (12 months of service and 1,250 hours), but the employer size threshold drops to 5 employees and there is no 75-mile worksite rule.
Both laws require a serious health condition, which is a defined term rather than a general description of feeling unwell. It usually involves inpatient care or continuing treatment by a healthcare provider, and it covers chronic conditions that flare up periodically even when you are not in treatment on any given day. We cover what counts as a serious health condition under the FMLA in more detail separately.
These are general descriptions of what the law provides. Your HR department or leave administrator applies them to your specific employment record, and they are the ones who can confirm your eligibility.
Job protection and income are two different things
This trips up almost everyone, so it is worth being explicit.
FMLA and CFRA protect your job. Your employer must maintain your group health coverage on the same terms and restore you to the same or an equivalent position when you return. Neither law pays you.
California’s State Disability Insurance (SDI) program pays you. It does not protect your job on its own. SDI has two branches:
- Disability Insurance (DI) covers your own non-work-related illness, injury, or pregnancy-related disability. It can last up to 52 weeks for a single claim and has a seven-day unpaid waiting period at the start.
- Paid Family Leave (PFL) covers caring for a seriously ill family member or bonding with a new child. It provides up to 8 weeks in a 12-month period and has no waiting period.
Both use the same formula. The EDD calculates a weekly benefit amount of roughly 70 to 90 percent of wages earned 5 to 18 months before the claim start date, with lower earners receiving the higher percentage. For 2026, the maximum weekly benefit is $1,765. You fund this through the CASDI deduction on your paycheck, which is set at 1.3 percent of wages for 2026 with no wage cap.
You file SDI and PFL claims directly with the EDD, not through your employer. Deadlines are short, so file as soon as your leave begins rather than waiting for your employer to process the job-protection side.
Some employees also carry an employer-sponsored or private short-term disability policy on top of SDI. If that applies to you, understanding how FMLA and short-term disability work together will save you a round of paperwork.
How to get FMLA in California, step by step
- Tell your employer you need leave. Give at least 30 days’ notice when the need is foreseeable, such as a scheduled surgery. When it is not foreseeable, notify them as soon as practicable. You do not need to name your diagnosis. You do need to give enough information for them to recognize this as potentially qualifying leave.
- Get the certification form. Your employer will provide either the Department of Labor’s WH-380 form, California’s certification form, or their own leave administrator’s version. Ask which one they require, because submitting the wrong form restarts the clock.
- Have a licensed provider complete the medical portion. The form asks for the date the condition began, its expected duration, the treatment schedule, whether you can perform your job functions, and, for intermittent leave, the expected frequency and duration of flare-ups.
- Return it by the deadline. Employers generally allow 15 calendar days. If your provider cannot see you in time, tell your employer in writing that you are working on it and ask for an extension.
- File your EDD claim separately. Go to SDI Online at edd.ca.gov and file for either Disability Insurance or Paid Family Leave. The medical certification portion of an EDD claim must be completed by a licensed health professional, which is a separate document from the one your employer requires.
- Confirm the designation in writing. Your employer should send you a notice of eligibility and a designation notice telling you whether the leave counts against your FMLA and CFRA entitlement.
If your own physician cannot complete your paperwork before your employer’s deadline, you can book a 15-minute video visit with a board-certified physician who can evaluate you and complete the certification. You will need to book for the state where you will be physically located at the time of your appointment.
Pregnancy works differently in California
California treats pregnancy disability as its own category, and understanding this can add months of protected time.
Pregnancy Disability Leave (PDL) provides up to four months of job-protected leave for the period you are actually disabled by pregnancy, childbirth, or a related condition. It applies to employers with 5 or more employees and has no minimum length-of-service requirement, so a newly hired employee can be covered.
The sequencing matters. PDL runs concurrently with federal FMLA but does not run concurrently with CFRA. That means an eligible employee can take PDL for the disability period and then take up to 12 weeks of CFRA bonding leave afterward. Wage replacement during PDL typically comes from SDI, and bonding leave is typically covered by PFL.
If you are planning leave around a due date, map out the PDL period and the bonding period separately before you file anything, because they use different forms and different EDD claim types.
Intermittent leave for chronic and episodic conditions
Not every condition requires a continuous block of time away. Intermittent leave, meaning leave taken in separate chunks of hours or days rather than all at once, is available under both FMLA and CFRA when it is medically necessary.
This is the right fit for conditions such as migraine, inflammatory bowel disease, rheumatoid arthritis, and mental health conditions that flare unpredictably. The certification needs to state the expected frequency and duration of episodes, for example two to three episodes per month lasting one to two days each. Vague estimates are a leading cause of employer requests for clarification. Our overview of intermittent FMLA certification walks through how providers document episodic conditions.
Common mistakes that delay California leave
- Assuming FMLA and SDI are the same application. They are separate processes with separate forms and separate decision-makers.
- Missing the EDD filing window. The EDD sets its own deadlines for filing after leave begins, and they are measured in weeks. Confirm current deadlines at edd.ca.gov.
- Leaving the frequency and duration fields blank on an intermittent certification.
- Assuming a small employer means no protection. CFRA reaches employers with as few as 5 employees.
- Waiting for the employer to send the form. Ask for it the day you give notice.
- Not asking about accommodations. If you can keep working with adjustments, a workplace accommodation under the ADA may be a better fit than leave, and the two are not mutually exclusive.
Frequently asked questions
Can I get FMLA in California if my employer has fewer than 50 employees? Federal FMLA generally would not apply, but CFRA covers employers with 5 or more employees. Ask your HR department specifically about CFRA rather than about FMLA.
Does California pay you during FMLA leave? FMLA and CFRA leave are unpaid. California’s SDI and PFL programs can replace roughly 70 to 90 percent of your wages during the leave, up to the 2026 maximum of $1,765 per week, if you qualify and file with the EDD.
How long does the certification take? Employers generally allow 15 calendar days to return the form. At MyFMLA, same-day certification is available for eligible intermittent FMLA requests when all required information is available. Continuous FMLA and more comprehensive requests are typically completed within 1 to 3 business days after the appointment.
Can I take FMLA for anxiety or depression in California? Mental health conditions can qualify when they meet the definition of a serious health condition. The determination is made by a licensed provider based on your symptoms, treatment, and functional limitations, not by the diagnosis alone.
What if my employer denies my leave request? Ask for the reason in writing. If the issue is an incomplete certification, your provider can usually supply the missing information. For questions about your rights, the Department of Labor’s Wage and Hour Division handles FMLA and California’s Civil Rights Department handles CFRA.
Do I need to be in California during my telehealth appointment? Yes. You must book for the state where you will be physically located at the time of the visit.
Getting your certification completed
If your own doctor cannot complete your paperwork before your employer’s deadline, or you do not currently have a primary care provider, MyFMLA connects you with a board-certified physician for a 15-minute secure video visit. Intermittent FMLA certification is $149.99 with same-day certification available for eligible requests, continuous FMLA is $179.99, and the FMLA plus Short-Term Disability package is $249.99. The physician evaluates your condition and completes the certification based on that evaluation.
Sources
- Family and Medical Leave Act, U.S. Department of Labor, Wage and Hour Division
- Fact Sheet 28: The Family and Medical Leave Act, U.S. Department of Labor
- 29 CFR Part 825, The Family and Medical Leave Act of 1993, Electronic Code of Federal Regulations
- California Government Code section 12945.2, California Legislative Information
- Family, Medical, and Pregnancy Disability Leave for Employees in California, California Civil Rights Department
- Disability Insurance, California Employment Development Department
- Paid Family Leave, California Employment Development Department
- Paid Family Leave Benefit Payment Amounts, California Employment Development Department
- Disability Discrimination and Reasonable Accommodation, U.S. Equal Employment Opportunity Commission
This article is for informational purposes only and is not a substitute for professional medical advice.
Medical documentation supports your request but does not guarantee approval. Final decisions are made by your employer, insurance carrier, leave administrator, school, or applicable state program.
