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Difference Between FMLA And CFRA

fmla_bookFMLA vs CFRA

FMLA stands for Family and Medical Leave Act while CFRA stands for California Family Rights Act. Both these acts provide for leave benefits to workers to attend to their family responsibilities without losing their job benefits. However, there are some differences between them.

FMLA is a federal act that was passed in 1993 and applies to the entire United States of America. The CFRA, although was passed much before the FMLA applies only to the state of California.

The eligibility criteria of the employees and the employers covered under the act is more or less the same under both the acts, however, the FMLA covers ‘public agencies, private elementary and secondary schools’ regardless of the number of employees. The CFRA on the other hand includes as the covered employee ‘any state, county or political / civil subdivision of the state and cities’ regardless of the number of employees. The FMLA applies to self, spouse, child and parents whereas the CFRA also covers domestic partners and domestic partner’s child.

Another difference between the FMLA and the CFRA is that the FMLA includes pregnancy related disability leave within the 12 weeks of leave that it provides. The CFRA, however, excludes any such leave from its benefits. However, it does guarantee a 12 week leave after child birth irrespective of any disability.

Another difference between the FMLA and CFRA is that the FMLA requires the employers to maintain the group HEALTH benefits being provided to the employees. The CFRA, however, requires the employers to maintain ALL group benefits being provided to the employees.

Summary
1. FMLA stands for Family and Medical Leave Act while CFRA stands for California Family Rights Act.
2. FMLA is a federal act that applies to the entire United States of America while CFRA applies only to the state of California.
3. The CFRA covers the domestic partner and his child while the FMLA does not.
4. The FMLA includes the pregnancy related disability leave within the 12 week leave while the CFRA does not.


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3 Comments

  1. How does CFRA and FMLA differ incase of employer eligibility?
    I in sales and work from home for a company in NY, FMLA does not consider residence as a worksite but the office that employee reports to is considered worksite.
    I am being told as my employee does not employ 50 employees in California, but my understanding was that this clause does not apply to me as I work from home, I am in sales.

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