At What Size Does a Company Become Subject to FMLA and CFRA?

The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) have different employer coverage thresholds.

• FMLA applies to employers with 50 or more employees within a 75-mile radius.
• CFRA applies to employers with 5 or more employees statewide.

Even if the employer meets the threshold, the employee must also satisfy eligibility requirements, including minimum service time and hours worked.

Both laws provide eligible employees with protected leave for specified medical and family reasons. Employers must reinstate eligible employees to the same or comparable position after protected leave.

Failure to comply with FMLA or CFRA can result in interference and retaliation claims.