FAQs – Relation of Paid Family Leave (PFL) to the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)
FMLA and CFRA are federal and state leave laws, respectively, that allow an employee to take up to 12 workweeks of unpaid leave from his or her job in a 12-month period to care for themselves or family members who are ill, or children who are unable to take care of themselves. PFL does not change either law in any way and is completely separate from them. PFL merely provides up to six (6) weeks of paid benefits to an employee who suffers a wage loss when taking time off work to care for others.
For more information about FMLA, visit the Department of Labor or call 1-866-487-2365. For more information about CFRA, visit California Department of Fair Employment and Housing.
- Is an employee required to take leave under the FMLA and CFRA at the same time he or she is receiving PFL benefits?
Yes, if a company is subject to the provisions of FMLA and CFRA. See California Department of Fair Employment and Housing for more information about CFRA.
PFL does not protect anyone’s job. It simply provides partial wage replacement when an employee cannot work due to the need to care for a child, parent, spouse, or registered domestic partner, or to bond with a new child. An employee may have his or her job protected under other laws, such as the FMLA or the CFRA.
Note: Beginning July 1, 2014, California workers may be eligible to receive PFL benefits when taking take time off of work to care for a seriously ill parent-in-law, grandparent, grandchild, or sibling. For more information, view Senate Bill 770 (Chapter 350, Statutes of 2013).