Provisions cover employers who do business

in California and employ 50 or more part-time

or full-time people.

Department of Fair Employment and Housing

• Contact DFEH by calling the toll-free number

at (800) 884-1684 to schedule an appointment.
California Family
• Be prepared to present specific facts about Rights Act
the alleged discrimination or denial of leave.
The Fair Employment and Housing Act,
• Keep records and provide copies of docu-
enforced by the Department of Fair
ments that support the charges in the
Employment and Housing (DFEH), contains
complaint, such as paycheck stubs, calendars,
family care and medical leave provisions for
correspondence, and other potential proof
California employees. These leave provisions,
of discrimination.
known as the California Family Rights Act
Complaints must be filed within one year of the (CFRA), cover employers who do business
last act of discrimination. in California and employ 50 or more part-
time or full-time people.
DFEH will conduct an impartial investigation.
We are not an advocate for either the person All such employers must provide informa-
complaining or the person complained against. For more information, contact DFEH toll free at tion about the CFRA provisions to their
We represent the State of California. DFEH (800) 884-1684 employees and post this information in a
will, if possible, try to assist both parties to resolve TTY number at (800) 700-2320 conspicuous place where employees tend
the complaint. or visit our web site at www.dfeh.ca.gov to gather. Employers who provide employee
In accordance with the California Government Code and handbooks must include information about
If a voluntary settlement cannot be reached, and
ADA requirements, this publication can be made available CFRA leave in the handbook.
there is sufficient evidence to establish a violation in Braille, large print, computer disk, or tape cassette as a
of the law, DFEH may issue an accusation and disability-related reasonable accommodation for an
individual with a disability. To discuss how to receive a copy CFRA Leave Requirements
litigate the case before the Fair Employment and of this publication in an alternative format, please contact
Housing Commission or in civil court. If the DFEH at the numbers above. • To be eligible for CFRA leave, an
Commission or a court decides in favor of the employee must have more than 12
complaining party, remedies may include months of service with the employer
reinstatement, back pay, reasonable attorney’s and have worked at least 1,250 hours
fees, damages for emotional distress, and for that employer in the 12-month
administrative fines. State of California period before the leave begins.
Department of Fair Employment & Housing • An eligible employee may take an
DFEH-188 (04/04) unpaid leave to bond with an adopted
 The mission of the Department of Fair Employment and Housing is to protect the people of
California from unlawful discrimination in employment, housing and public accommodations, and

from the perpetration of acts of hate violence.

or foster child or to bond with a leave and the probable duration of the Return Rights After CFRA Leave
newborn. condition.
• After CFRA leave, employees are guaranteed
• An eligible CFRA employee may take • Employees are entitled to take CFRA leave in a return to the same or comparable position
unpaid leave to care for a parent, spouse, addition to any leave entitlement they might and can request the guarantee in writing.
or child with a serious health condition. have under PDL. Leave taken for the birth
• If the same position is no longer available,
CFRA leave may also be taken for the or adoption of a child must be completed
such as in a layoff or closure, the employer
employee’s own serious health condition. within one year of the event.
must offer a position that is comparable
• Full-time employees may take leave of • In addition to the family care and medical in terms of pay, location, job content,
up to 12 work weeks in a 12-month leave requirements of the CFRA, employers and promotional opportunities, unless the
period. Part-time employees may take of five or more persons have additional employer can prove that no comparable
leave on a proportional basis. The obligations pertaining to PDL. Please refer to position exists. An employee is not entitled
leave does not need to be taken in one the DFEH publication “Facts on Pregnancy to reinstatement if the employee would
continuous period of time. Disability Leave” for more information. have been otherwise laid off or terminated.
• An employer may require a 30-day
Salary and Benefits During CFRA Leave Family Temporary Disability Insurance
advance notice of the need for a CFRA-
qualifying leave. When this is not • Employers are not required to pay employees (FTDI) or “Paid Family Leave”
possible due to the unexpected nature during a CFRA leave. An employer may Employees on CFRA leave of absence may also be
of the leave, notice should be given require an employee to use accrued vacation eligible for six weeks of paid leave under FTDI, a
as soon as practicable. Notice can be time or other accumulated paid leave other program administered by the California Employ-
written or verbal and should include than sick time. If the CFRA leave is for the ment Development Department (EDD). For
the timing and the anticipated duration of employee’s own serious health condition, further information, contact the EDD at (800)
the leave. An employer must respond to the use of sick time can be required. 480-3287 or visit the web site at www.edd.ca.gov.
a leave request within 10 calendar days. • If the employer provides health benefits
under a group plan, the employer must Filing a Complaint
• The employer may require written
communication from the health-care continue to make these benefits available If you believe your CFRA rights have been
provider of the child, parent, spouse, during the leave. The employee is also violated, you can explore filing a complaint with
or employee with a serious health entitled to accrual of seniority and partici- DFEH by following these steps:
condition stating the reasons for the pation in other benefit plans.