Understanding FMLA and CFRA Protections
The Family and Medical Leave Act (FMLA) is a federal law that entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying family or medical reasons. In California, the California Family Rights Act (CFRA) provides similar protections, but with some important distinctions. Both laws guarantee continued group health insurance coverage during leave and require that employees be reinstated to the same or a comparable position upon return. CFRA often covers a broader range of family relationships and applies to smaller employers than FMLA, offering additional coverage to California workers.
Eligibility Requirements in California
To be eligible under the FMLA or CFRA, employees must have worked for their employer for at least 12 months and logged a minimum of 1,250 hours in the past year. The employer must also have at least 50 employees within a 75-mile radius for FMLA or just 5 employees anywhere in California for CFRA. California’s broader threshold means more employees are covered under CFRA than would be under FMLA alone. It’s also worth noting that pregnancy disability leave (PDL) in California is separate from CFRA and can provide additional protections for expecting mothers.
Can You Be Laid Off While on Protected Leave?
While both FMLA and CFRA provide important job protections, neither law offers blanket immunity from layoffs or legitimate business terminations. In California, an employee on leave may still be laid off if the employer can prove that the decision was unrelated to the leave and part of a neutral, pre-planned business decision—such as a company-wide layoff, department closure, or documented performance issues that predate the leave.
However, an employer cannot use an employee’s FMLA or CFRA leave as a reason or contributing factor in a termination decision. If the leave is cited—explicitly or subtly—as a burden or inconvenience, that may constitute illegal retaliation or interference. The employer bears the burden of showing that the decision to lay off the employee would have occurred regardless of the leave.
Additional Protections Under California Law
California goes beyond federal protections in several areas. Employers must maintain group health insurance benefits during CFRA or FMLA leave and cannot reduce or withhold bonuses, benefits, or promotions based on the fact that the employee took protected time off. The law also prohibits employers from discouraging employees from taking leave or retaliating in performance reviews.
Further, the California Labor Code and Fair Employment and Housing Act (FEHA) offer separate legal remedies for wrongful termination, disability discrimination, and retaliation, providing employees with multiple avenues of protection and recourse.
What to Do If You Are Laid Off While on Leave
If you are laid off while on FMLA or CFRA leave—or shortly before or after—gather as much information as possible. Request a written explanation of the termination and review your personnel file, past performance reviews, and any relevant internal communications. Determine whether others in similar roles were also affected.
If you suspect your leave played a role in your termination, speak with an employment attorney. A legal professional can evaluate whether your rights were violated under FMLA, CFRA, or California labor laws and help you pursue options such as reinstatement, back pay, or legal damages.
Conclusion: Understanding Your Rights in California
California employees enjoy some of the strongest workplace protections in the country. While neither FMLA nor CFRA insulate workers from all layoffs, employers must be able to demonstrate that any termination was based solely on legitimate, non-discriminatory business reasons—completely independent of the employee’s protected leave. If there is any indication that your job loss was influenced by your decision to take family or medical leave, you may have grounds for legal action.
If you’re concerned about a termination during or after protected leave, or are preparing to take time off and want to safeguard your rights, contact our team today. We’re here to help you navigate California’s employment laws and protect your livelihood.
Contribution to this blog by Emily O’Neill.
