Legal Question in Medical Leave in California

Difference between FMLA and CFRA

I work for a California company and am currently on FMLA to take care of my new baby. Am I entitled to also take CFRA after my FMLA ends? My company says no, but I heard that I could. My company said that CFRA overlaps with FMLA, so I can't extend my pregnancy leave beyond the 12 weeks of FMLA. Is this legal?


Asked on 5/07/01, 6:02 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Difference between FMLA and CFRA

Technically, your company is correct. You cannot take leave under the FMLA and the CFRA consecutively. But you can take maternity leave under the Fair Employment and Housing Act (which may be up to 16 weeks, if medically necessary), after taking leave under the FMLA. If your company contests this, contact the Department of Fair Employmentand Housing.

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Answered on 6/22/01, 8:43 pm


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