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Welcome to the HRCalifornia Leave of Absence Navigator (CFRA/FMLA/PDL). The goal of this tool is to help you determine if an employee is eligible for leave under the California Family Rights Act (CFRA), the Family and Medical Leave Act (FMLA), Pregnancy Disability Leave (PDL), or a combination of these leaves.
Based on the information you provided, an employee may be eligible for PDL only if she is disabled by pregnancy or a pregnancy-related condition. For information on employee eligibility, as well as detailed explanations of employer requirements under PDL, see the HR Library's Pregnancy Disability Leave section.
This answer applies to private employers only. State entities are subject to different rules, and covered employers include the State of California and any of its political and civil subdivisions, and cities and counties, regardless of the number of employees.
You should consult with your counsel or seasoned HR professional regarding your specific situation.
Use the following Leave Interaction Timeline to get a visual understanding of this specific leave result:
Based on the information you provided, the employee is not eligible for FMLA/CFRA.
However, an employee may be eligible for PDL only if she is disabled by pregnancy or a pregnancy-related condition. For information on employee eligibility, as well as detailed explanations of employer requirements under PDL, see the HR Library's Pregnancy Disability Leave section.
This answer applies to private employers only. State entities are subject to different rules, and covered employers include the State of California and any of its political and civil subdivisions, and cities and counties, regardless of the number of employees.
You should consult with your counsel or seasoned HR professional regarding your specific situation.
Use the following Leave Interaction Timeline to get a visual understanding of this specific leave result:
Based on the information you provided, it appears that this employee is not eligible for leave under FMLA or CFRA. However, the employee may be eligible for PDL only if the employee is disabled by pregnancy or a pregnancy-related condition. For information on employee eligibility, as well as detailed explanations of employer requirements under PDL, see the HR Library's Pregnancy Disability Leave section.
For more information on eligibility requirements see the Leaves of Absence section in the HR Library.
Use the following Leave Interaction Timeline to get a visual understanding of this specific leave result:
Based on the information you provided, it appears that this employee is not eligible for leave under FMLA, CFRA and/or PDL.
For more information on eligibility requirements see the Leaves of Absence section in the HR Library.
Based on the information you provided, this employee may be eligible for leave under PDL, FMLA and/or CFRA. If you are unsure if your organization is a state entity, see your employment law counsel.
If you are a state entity, you are most likely covered by FMLA, CFRA, and/or PDL, regardless of the number of employees you have, but you should consult with counsel regarding your specific situation.
If you are a federal entity, you are covered by FMLA, but this tool is not meant to be a guide for federal employers. Federal entities should consult with their counsel regarding legal issues.
Use the following Leave Interaction Timelines to get a visual understanding of this specific leave result:
Based on the information you provided, it appears that this employee is not eligible for leave under FMLA, CFRA or PDL. In the private sector, PDL and CFRA cover employers with five or more employees and FMLA applies to employers with 50 or more employees.
For more information on eligibility requirements see the Leaves of Absence section in the HR Library.
Based on the information you provided, it appears that this employee is not eligible for leave under FMLA, CFRA, and/or PDL. In the private sector, PDL covers employers with five or more employees, FMLA applies to employers with 50 or more employees, and CFRA applies to employers with 5 or more employees.
For more information on eligibility requirements see "Employee Eligibility for Family Medical Leave" on the Employee Eligibility for Family and Medical Leave page in the HR Library.
Based on the information you provided, it appears that this employee is not eligible for leave under FMLA, CFRA, and/or PDL.
For more information on eligibility requirements for FMLA/CFRA, see "Employee Eligibility for Family Medical Leave" on the Employee Eligibility for Family and Medical Leave page in the HR Library.
Based on the information you provided, this employee may be eligible for concurrent PDL and FMLA leave, followed by CFRA leave.
FMLA leave can run concurrently with PDL as long as you notify the employee, within the proper time frame, that you consider her PDL to also be family leave under FMLA.
A pregnant employee can take up to four months of PDL, the first 12 weeks of which are also counted as federal FMLA. This means that if the employee uses all four months of PDL, the employee's FMLA leave will also be used at the same time. However, an employee has to be disabled by pregnancy or have a pregnancy-related disability to qualify under PDL.
This FMLA leave is a maximum of 12 weeks. Although PDL and FMLA run concurrently for the length of time the employee is disabled by pregnancy, CFRA leave does not. Once the employee's health care provider has released the employee to return to work, she will be eligible for up to 12 weeks of CFRA for baby bonding.
For more information on PDL and FMLA/CFRA see the Leaves of Absence section in the HR Library.
Use the following Leave Interaction Timelines to get a visual understanding of this specific leave result:
Based on the information you provided, this employee may be eligible for Pregnancy Disability Leave (PDL) followed by parental/baby bonding leave under the California Family Rights Act (CFRA).
Employees are eligible for PDL when they are disabled by pregnancy, childbirth or a related medical condition. An employee can take up to four months of PDL. Once the employee is no longer disabled by pregnancy, then the employee may take a maximum of 12 weeks under the CFRA to bond with a new child within one year of the child’s birth, adoption or foster care placement.
The federal Family and Medical Leave Act (FMLA) does not apply because it covers employers with 50 or more employees.
For detailed information on PDL and CFRA, visit the PDL and Family and Medical Leave Laws page in the HR Library.
Use the following Leave Interaction Timeline to get a visual understanding of this specific leave result:
Based on the information you provided, this employee may be eligible for leave under the California Family Rights Act (CFRA) only.
CFRA applies to employers with five or more employees. An employee is eligible for CFRA if:
An employee who wants time to bond with a newborn or a child placed with the employee for adoption or foster care is entitled to up to 12 weeks of CFRA leave. CFRA leave for baby bonding must be taken within the 12 months following the child’s birth, adoption or foster care placement.
The federal Family and Medical Leave Act (FMLA) does not apply because it covers employers with 50 or more employees.
For detailed information on CFRA, visit the Family and Medical Leave Laws page in the HR Library.
Use the following Leave Interaction Timelines to get a visual understanding of this specific leave result.
Based on the information you provided, this employee may be eligible for Pregnancy Disability Leave (PDL) followed by CFRA leave.
A pregnant employee can take up to four months of PDL. CFRA leave does not run concurrently with PDL. Once the employee's health care provider has released the employee to return to work, she will be eligible for up to 12 weeks of CFRA for baby bonding.
Though you indicated your company employs 50 or more employees (the FMLA coverage threshold), since the employee does not work at a worksite with 50 or more employees within a 75-mile radius, the employee does not satisfy all the FMLA’s eligibility requirements and, thus, the FMLA does not apply under these circumstances.
For detailed information on PDL and CFRA, visit the PDL and Family and Medical Leave Laws page in the HR Library.
Use the following Leave Interaction Timeline to get a visual understanding of this specific leave result:
Based on the information you provided, this employee may be eligible for concurrent PDL and FMLA leave.
FMLA leave can run concurrently with PDL as long as you notify the employee, within the proper time frame, that you consider her PDL to also be family leave under FMLA.
A pregnant woman can take up to four months of PDL, the first 12 weeks of which are also counted as federal FMLA. This means that if she uses all four months of PDL, she will have used up her FMLA leave during her PDL. However, an employee has to be disabled by pregnancy or have a pregnancy-related disability to qualify under PDL.
This FMLA leave is a maximum of 12 weeks. The employee's eligibility for FMLA leave may be reduced if the employee has taken FMLA leave within the previous 12 months. Although PDL and FMLA run concurrently for the length of time the employee is disabled by pregnancy, CFRA leave does not. Once the employee's health care provider has released the employee to return to work, she will be eligible for up to 12 weeks of CFRA for baby bonding.
For detailed information on how PDL and family and medical leaves interact, visit the PDL and Family Leave Laws page in the HR Library.
Use the following Leave Interaction Timelines to get a visual understanding of this specific leave result:
Based on the information you provided, this employee may be eligible for concurrent FMLA and CFRA leave.
An employee who wants time to bond with a child that has been born or placed with the employee for adoption or foster care is entitled to 12 weeks of concurrent FMLA and CFRA leave.
For an employee who has given birth, baby bonding is covered by FMLA if all FMLA leave was not used up during the pregnancy. Baby bonding is not covered by PDL.
CFRA does not consider pregnancies or pregnancy-related disabilities as serious health conditions. Leave for pregnancy does not count toward the employee's CFRA family leave rights.
Even when an employee uses all four months of PDL leave and all 12 weeks of FMLA leave (leaves running concurrently), additional leave for baby bonding is available under CFRA once the child is born.
For more information on PDL and FMLA/CFRA see the Leaves of Absence section of the HR Library.
Use the following Leave Interaction Timeline to get a visual understanding of this specific leave result:
Based on the information you provided, this employee may be eligible for leave under the California Family Rights Act (CFRA) only.
CFRA applies to employers with five or more employees. An employee is eligible for CFRA if:
An employee who wants time to bond with a newborn or a child placed with the employee for adoption or foster care is entitled to up to 12 weeks of CFRA leave. CFRA leave for baby bonding must be taken within the 12 months following the child’s birth, adoption or foster care placement.
The federal Family and Medical Leave Act (FMLA) does not apply because it covers employers with 50 or more employees.
For detailed information on CFRA, visit the Family and Medical Leave Laws page in the HR Library.
Use the following Leave Interaction Timelines to get a visual understanding of this specific leave result.
Based on the information you provided, this employee may be eligible for CFRA leave.
An employee who wants time to bond with a child that has been born or placed with the employee for adoption or foster care is entitled to 12 weeks of CFRA leave. CFRA leave for baby bonding must be taken within the 12 months following the child’s birth, adoption or foster care placement.
Though you indicated your company employs 50 or more employees (the FMLA coverage threshold), since the employee does not work at a worksite with 50 or more employees within a 75-mile radius, the employee does not satisfy all the FMLA’s eligibility requirements and, thus, the FMLA does not apply under these circumstances.
For detailed information on CFRA, visit the Family and Medical Leave Laws page in the HR Library.
Use the following Leave Interaction Timeline to get a visual understanding of this specific leave result:
From the information you provided, it appears that this employee may be eligible for FMLA and/or CFRA leave. Both the FMLA and CFRA provide up to 12 weeks of leave for a qualifying exigency related to the covered active duty or call to covered active duty of the employee's spouse, child, parent or, for CFRA only, domestic partner, provided that the employee has not taken CFRA leave within the 12-month period designated for calculating CFRA.
If this leave is related to the active duty of a spouse, child, or parent, it will likely be FMLA and CFRA running concurrently, but if this leave is related to a registered domestic partner’s active duty or call to active duty, then it may be CFRA-only because domestic partners are not covered by the FMLA.
For detailed information on employee eligibility requirements for this type of military leave, see "Leave for a Qualifying Exigency (FMLA Only)" in FMLA and CFRA Qualifying Reasons.
Use the following Leave Interaction Timeline to get a visual understanding of this specific leave result:
From the information you provided, this employee may be eligible for leave under the California Family Rights Act (CFRA) only. CFRA provides up to 12 weeks of leave for a “qualifying exigency” related to the covered active duty or call to covered active duty of the employee's spouse, child, parent or domestic partner, provided that the employee has not taken CFRA leave within the 12-month period designated for calculating CFRA.
The federal Family and Medical Leave Act (FMLA) does not apply because it covers employers with 50 or more employees.
For detailed information on employee eligibility requirements for this type of military leave, see "Leave for a Qualifying Exigency" in FMLA and CFRA Qualifying Reasons.
Use the following Leave Interaction Timelines to get a visual understanding of this specific leave result.
From the information you provided, this employee may be eligible for leave under the California Family Rights Act (CFRA) only. CFRA provides employees up to 12 weeks of leave for their own “serious health condition.”
The federal Family and Medical Leave Act (FMLA) does not apply because it covers employers with 50 or more employees.
Visit the Family and Medical Leave section in the HR Library for a complete discussion of CFRA.
Use the following Leave Interaction Timelines to get a visual understanding of this specific leave result.
Based on the information you provided, this employee may be eligible for CFRA leave.
Both the FMLA and CFRA provide up to 12 weeks of leave for a qualifying exigency related to the covered active duty or call to covered active duty of the employee's spouse, child, parent or, for CFRA only, domestic partner, provided that the employee has not taken CFRA leave within the 12-month period designated for calculating CFRA.
Though you indicated your company employs 50 or more employees (the FMLA coverage threshold), since the employee does not work at a worksite with 50 or more employees within a 75-mile radius, the employee does not satisfy all the FMLA’s eligibility requirements and, thus, the FMLA does not apply under these circumstances.
For detailed information on employee eligibility requirements for this type of military leave, see "Leave for a Qualifying Exigency" in FMLA and CFRA Qualifying Reasons.
Use the following Leave Interaction Timeline to get a visual understanding of this specific leave result:
Based on the information you provided, it appears that this employee is eligible for FMLA leave. Unlike other FMLA leaves, which limit the entitlement to 12 weeks within a 12-month period, leave to care for an injured or ill servicemember allows for 26 weeks of leave within a 12-month period (or 130 days, or 1,040 hours).
If the employee does not take the entire 26 weeks of leave entitlement within the 12-month period, the remaining amount of leave available is forfeited.
For detailed information on this topic, visit "Military Caregiver Leave (FMLA Only)" in FMLA and CFRA Qualifying Reasons page in the HR Library.
Use the following Leave Interaction Timeline to get a visual understanding of this specific leave result:
Based on the information you provided, it appears that this employee is not eligible for CFRA or FMLA leave.
For employees eligible for FMLA leave, the FMLA provides 26 weeks of leave within a 12-month period (or 130 days, or 1,040 hours) to care for an injured or ill servicemember.
Though you indicated your company employs 50 or more employees (the FMLA coverage threshold), since the employee does not work at a worksite with 50 or more employees within a 75-mile radius, the employee does not satisfy all the FMLA’s eligibility requirements and, thus, the FMLA does not apply under these circumstances.
For detailed information on this topic, visit "Military Caregiver Leave (FMLA Only)" in FMLA and CFRA Qualifying Reasons page in the HR Library.
Use the following Leave Interaction Timeline to get a visual understanding of this specific leave result:
From the information you provided, it appears that this employee is eligible for concurrent FMLA and CFRA leave. Visit the Family and Medical Leave section in the HR Library for a complete discussion of FMLA/CFRA.
Use the following Leave Interaction Timeline to get a visual understanding of this specific leave result:
Based on the information you provided, this employee may be eligible for leave under the California Family Rights Act (CFRA) only. CFRA provides an employee up to 12 weeks of leave to take care of the employee's child, parent, parent-in-law, spouse, registered domestic partner, sibling, grandparent, grandchild, or someone else with a blood or family-like relationship withthe employee ("designated person") with a “serious health condition.”
The federal Family and Medical Leave Act (FMLA) does not apply because it covers employers with 50 or more employees.
Visit the Family and Medical Leave section in the HR Library for a complete discussion of CFRA.
Use the following Leave Interaction Timelines to get a visual understanding of this specific leave result.
Based on the information you provided, it appears that this employee is not eligible for leave under FMLA, CFRA, and/or PDL.
For more information on Employee Eligibility for Family and Medical Leave, see "Employee Eligibility for Family Medical Leave" on the Employee Eligibility for Family and Medical Leave page in the HR Library.
From the information you provided, it appears that this employee is eligible for CFRA leave only
Both the CFRA and FMLA provide leave for an employee’s own serious health condition.
Though you indicated your company employs 50 or more employees (the FMLA coverage threshold), since the employee does not work at a worksite with 50 or more employees within a 75-mile radius, the employee does not satisfy all the FMLA’s eligibility requirements and, thus, the FMLA does not apply under these circumstances.
Visit the Family and Medical Leave section in the HR Library for a complete discussion of CFRA.
Use the following Leave Interaction Timelines to get a visual understanding of this specific leave result.
Based on the information you provided, this employee may be eligible for up to 12 weeks of concurrent FMLA and CFRA leave if leave is being taken to care for the employee’s child, parent or spouse with a serious health condition.
CFRA provides broader coverage for family members than the FMLA. In addition to children, parents, and spouses, CFRA allows employees to take up to 12 weeks of leave to care for registered domestic partners, siblings, parents-in-law, grandparents, grandchildren, or someone else with a blood or family-like relationship with the employee ("designated person") with serious health conditions. If the employee is taking leave to care for any of these family members, the leave will be CFRA only. Leave taken as CFRA-only does not affect the employee’s time available under the FMLA.
For more information on eligibility requirements for FMLA/CFRA, see the Employee Eligibility for Family and Medical Leave page in the HR Library.
Use the following Leave Interaction Timeline to get a visual understanding of this specific leave result:
Based on the information you provided, this employee may be eligible for leave under the California Family Rights Act (CFRA) only.
CFRA allows employees to take up to 12 weeks of leave to care for children, parents, parents-in-law, spouses, registered domestic partners, siblings, grandparents, grandchildren, or someone else with a blood or family-like relationship with the employee ("designated person)" with serious health conditions.
For employees eligible for FMLA, the FMLA also allows leave to care for children, parents, and spouses with serious health conditions. Though you indicated your company employs 50 or more employees (the FMLA coverage threshold), since the employee does not work at a worksite with 50 or more employees within a 75-mile radius, the employee does not satisfy all the FMLA’s eligibility requirements and, thus, the FMLA does not apply under these circumstances.
For more information on eligibility requirements for FMLA/CFRA, see the Employee Eligibility for Family and Medical Leave section in the HR Library.
Use the following Leave Interaction Timelines to get a visual understanding of this specific leave result.