Many employers assume that the Family and Medical Leave Act (FMLA) is the primary job protection law for parental leave, but in California, FMLA is largely irrelevant. That’s because California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) provide more generous protections with looser restrictions.
How PDL and CFRA Replace FMLA in California
- PDL Supersedes FMLA: Pregnancy Disability Leave (PDL) provides up to 4 months of job-protected leave for employees who are disabled due to pregnancy or childbirth. Since FMLA only offers 12 weeks, PDL alone provides greater protection.
- CFRA Offers More Leave: Once PDL ends, employees can take up to 12 additional weeks of job-protected leave under CFRA for baby bonding.
- Key Difference: Unlike FMLA, CFRA does not require employees to take leave all at once—it allows for intermittent leave, offering more flexibility.
What Employers Need to Know
- PDL and CFRA leave don’t run concurrently, so employees may qualify for up to 7 months of job-protected leave.
FMLA may still apply for non-pregnancy-related medical leave, but for parental leave, California state laws take priority
