EXPANDED FAMILY AND
MEDICAL LEAVE IN CALIFORNIA
The California Family Rights Act (CFRA) provides most employees in California with the
right to take up to 12 weeks o work to care for themselves or their family members with
a serious health condition, or to bond with a new child. Employees returning to work
after taking CFRA leave are entitled to their same or a comparable position, among other
job protections. The Civil Rights Department (CRD), which enforces CFRA, created this
factsheet to help employees and employers understand recent changes to CFRA.
CHANGES TO CFRA - EFFECTIVE JANUARY 1, 2023
Leave expanded to include “designated persons”: Starting in 2023, employees can use some or all of
their 12 weeks of CFRA leave to care for an additional “designated person” with a serious health condition.
A designated person can be any person related by blood to the employee – such as the employee’s aunt,
uncle, or cousin. A designated person can also be any person who is like family to the employee, such as the
employee’s unmarried partner or best friend (when in a relationship equivalent to family). The employee may
identify the designated person at the time they request leave from work. Employers have the right to limit
employees to using CFRA leave to care for one designated person per 12-month period.
ADDITIONAL RECENT CHANGES – EFFECTIVE JANUARY 1, 2021
1. Employers of 5 or more employees covered by CFRA: Starting January 1, 2021, California expanded
CFRA’s scope includes private employers with 5 or more employees and employees. CFRA also applies to
California state and local governments as employers.
2. Worksite mileage limitation eliminated: CFRA no longer requires employers to have at least 50
employees within 75 miles of the employee’s worksite for an employee to be eligible for CFRA leave.
3. Circumstances for CFRA leave expanded: Eligible employees can take up to 12 weeks of CFRA leave
to care for their own serious health condition; care for certain family members’ serious health condition;
or to bond with a new child (by birth, adoption, or foster placement). In addition, CFRA leave covers certain
individuals and instances related to service in the U.S. Armed Forces, as specied in Section 3302.2 of the
Unemployment Insurance Code.
4. Types of family members expanded: Employees may take leave to care for additional family members,
including: an adult child, child of a domestic partner, grandparent, grandchild, or sibling. Thus, under the
law as of 2023, eligible employees may take CFRA leave for a child, spouse, domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling, or someone else related by blood or in a family-like
relationship (“designated person”) with a serious health condition.
5. Limitation on parents working for the same employer eliminated: If both parents of a new child work
for the same employer, parents do not have to “split” the 12 weeks of leave; each parent is entitled to up to
12 weeks of leave.
EXPANDED FAMILY AND
MEDICAL LEAVE IN CALIFORNIA
6. Small employer mediation program created: CFRA applies the same to covered employers regardless of
size. However, CRD offers mediation to smaller employers (5-19 employees) and their employees to resolve
any dispute over CFRA leave, before the employee can proceed with a court case. For more information
about this program, please review CRD’s frequently asked questions. Employers and employees wishing to
take advantage of CRD’s mediation services should contact CRD at drdonlinerequests@dfeh.ca.gov.
7. Exceptions eliminated: All employees who take CFRA leave have the same reinstatement rights. An
exception for an employer’s highest-paid employees was eliminated in 2021.
KEY CFRA PROVISIONS THAT ARE UNCHANGED
1. When is an employee eligible for CFRA leave? An employee must have worked for the employer for more
than 12 months and have worked at least 1,250 hours in the 12 months prior to their leave.
2. What qualies as a “serious health condition”? A serious health condition is an illness, injury,
impairment, or physical or mental condition involving either (A) inpatient care in a hospital, hospice, or
residential health care facility; or (B) continuing treatment or supervision by a health care provider.
3. Does an employee get pay and benets on CFRA leave? Employers may pay their employees while
taking CFRA leave, but employers are not required to do so. Employees taking CFRA leave may be eligible
for California’s Paid Family Leave (PFL) program or State Disability Insurance (SDI), administered by the
Employment Development Department (EDD). For information about using paid time off while on CFRA
leave, see California Code of Regulations, Title 2, section 11092. Employers are required to continue the
health benets of an employee taking CFRA leave.
4. How much notice must an employee provide to their employer? If the employee’s need for CFRA
leave is foreseeable, the employee must provide reasonable advance notice and, if due to a planned
medical treatment or supervision, the employee must make a reasonable effort to schedule the treatment
or supervision to avoid operational disruption, subject to the approval of the health care provider of the
individual requiring the treatment or supervision. If the employee’s need for CFRA leave is not foreseeable,
for reasons such as a lack of knowledge of approximately when leave will be required to begin, or a medical
emergency, notice must be given as soon as practicable or 15 days from the employer’s request.
5. May an employer require medical certication? An employer may require that an employee’s request
for leave for the employee’s own health condition or to care for a family member who has a serious health
condition be supported by a certication issued by the health care provider of the individual requiring care.
6. Where can employees and employers nd out more about CFRA leave? To learn more about CFRA,
including applicable denitions, see Government Code section 12945.2 and California Code of Regulations,
Title 2, sections 11087 - 11097. A variety of educational materials about CFRA and other forms of job-
protected leave are also available at: calcivilrights.ca.gov/family-medical-pregnancy-leave/.
TO FILE A COMPLAINT
calcivilrights.ca.gov/complaintprocess
Toll Free: 800.884.1684 / TTY: 800.700.2320
California Relay Service (711)
For translations of this guidance, visit:
calcivilrights.ca.gov/posters/employment
This guidance is for informational purposes only, does not establish
substantive policy or rights, and does not constitute legal advice.
JANUARY 2023 / CIVIL RIGHTS DEPARTMENT
