FMLA, CFRA, and Mothers: Protecting the Right to Family Leave in California

By Eugene Bruno on April 22, 2025

Mother’s Day reminds us of the incredible importance of family. It’s a time to honor the dedication, sacrifice, and strength of mothers everywhere — especially working moms who balance their careers and caregiving responsibilities every day.

At Bruno & Associates, we want to take this opportunity to highlight some important protections that working mothers (and all eligible employees) should know about: the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

What Are the FMLA and CFRA?

Both the FMLA (federal law) and the CFRA (California state law) allow eligible employees to take job-protected leave for certain family and medical reasons, including:

• The birth of a child and care for the newborn
• Placement of a child for adoption or foster care
• Caring for a spouse, registered domestic partner, child, or parent with a serious health condition
• Attending to the employee’s own serious health condition

Key differences under California law:

• CFRA covers a wider range of family members, including adult children, siblings, grandparents, and grandchildren in some cases.
• Pregnancy itself is not covered under CFRA — but Pregnancy Disability Leave (PDL) provides up to four months of job-protected leave for pregnancy-related conditions.
• After PDL, new mothers can also take CFRA leave for bonding time with a new child, meaning more total leave time in California than just under FMLA.

How These Laws Support Mothers

For working mothers in California, these laws provide crucial protections:

• During Pregnancy:
  If you are disabled by pregnancy, childbirth, or a related medical condition, you may take up to four months of PDL.
• After Childbirth:
  After recovering from childbirth, you may also take up to 12 weeks of CFRA leave to bond with your new baby.
• Job Protection:
  During both PDL and CFRA leave, your employer must maintain your health insurance benefits and return you to the same or a comparable job when your leave ends.
• Eligibility:
  To qualify for FMLA or CFRA, generally you must have worked for your employer for at least 12 months and have worked at least 1,250 hours during the previous 12 months. Your employer must also have at least 5 employees (for CFRA) or 50 employees (for FMLA).

What Happens When Employers Violate These Rights?

Unfortunately, not all employers comply with these laws. Common violations include:

• Refusing to grant PDL, CFRA, or FMLA leave
• Terminating, demoting, or retaliating against employees for requesting or taking leave
• Failing to continue health benefits during leave
• Refusing to reinstate an employee to their job after leave

If your rights under FMLA, CFRA, or PDL have been violated, you have legal remedies — and you don’t have to face this alone.

We’re Here to Help

At Bruno & Associates, we are committed to protecting the rights of working mothers and all employees who need time to care for their families. If you believe your employer has violated your right to family or pregnancy leave, our San Diego employment law lawyers can review your case, explain your options, and fight for the justice and compensation you deserve.

This Mother’s Day, let’s remember: protecting families starts with protecting their rights. Contact Bruno & Associates today at 1-888-BRUNO-88 (1-888-278-6688) for a free consultation.