California Family Rights Act Lawyers

Representing Qualified Employees Who Were Denied Family Leave

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) mandate that certain employers grant family and medical leave to qualifying employees. The FMLA and CFRA both offer unpaid, job-protected leave.

Many workers are unsure whether their situation is covered under these laws or how to request time off in a way that protects their job. As a labor and employment firm focused on representing employees in California, we can review your work history, employer size, and reason for leave and explain how these rules apply to you. We also help employees understand how CFRA and the federal law work together so they can plan for childbirth, medical treatment, or caregiving without guessing about their legal rights.

If you have been denied your right to take leave, schedule a free consultation with one of our experienced attorneys at Valiant Law. We will evaluate your case and potential next steps. 

The Basics of Family and Medical Leave in California

The CFRA, passed in 1993, was updated effective Jan. 1, 2021. The law now applies to all California businesses with at least five employees (previously 50). This does not mean that every employee of a covered employer is entitled to leave benefits. To qualify, an employee must have 12 months of service and have worked at least 1,250 hours in the 12 months prior to the requested start of the leave.

Leave is available in the following situations:

• Birth, adoption, or foster placement of a new child
• Care for a spouse, domestic partner, child, adult child, child of a domestic partner, grandparent, grandchild, sibling, or a biological or adoptive parent with a “serious health condition”
• The employee is personally unable to work due to a “serious health condition”

If eligible, an employee may take up to 12 weeks of leave over 12 months. Note that the CFRA only mandates unpaid leave. An employer can require an employee to use accrued paid leave under certain circumstances.

If the employer provides health benefits, they must continue to provide coverage during the leave. Employees can also continue to participate in employee benefit plans and retirement plans.

CFRA Notice Requirements

The employee must give 30 days’ notice before beginning leave for a “foreseeable” event, such as the due date to give birth to a child or the date of a scheduled operation for a spouse. In an emergency or unforeseen event, the employee must provide notice as soon as practicable. The employer must respond to the request within five days. 

In many California workplaces, disputes arise because employers claim an employee did not provide enough information or advance notice. We help employees document their requests in writing, communicate with human resources, and respond if an employer wrongly delays or ignores a request. Clear documentation can be critical later if you need to show that you followed the law but were still denied your right to family or medical leave.

Pregnancy Disability Leave

In addition to CFRA leave, employers of five or more employees must provide job-protected leave or accommodations to employees disabled by pregnancy, childbirth, or a related medical condition. Pregnancy disability leave (PDL) is available while an employee is actually disabled, up to a total of four months. 

Pregnancy disability leave is available in the following circumstances:

• Prenatal or postnatal care
• Severe morning sickness
• Doctor-ordered bed rest
• Childbirth
• Recovery from childbirth
• Loss or end of pregnancy
• Other related medical conditions

PDL and CFRA can sometimes run at different times, which may allow a pregnant employee in California to take disability leave for the time they are medically unable to work and then additional bonding leave under CFRA. We regularly walk clients through how these different laws interact, how much time off they may be able to take, and what medical certifications are typically required from their health care providers so they can plan realistically with their employer.

Return-To-Work Rights

After CFRA or PDL, the employee is guaranteed to be able to return to the same or a comparable position. A comparable position must be equal in terms of pay, benefits, shift, schedule, geographic area, and working conditions. The employee should enjoy the same privileges and status. 

Problems often arise when an employer claims that an employee’s job has been eliminated or significantly changed while they were out on leave. We evaluate whether the “comparable” position really meets California’s legal standards and whether the employer has unlawfully demoted, transferred, or reduced hours in a way that undermines your right to reinstatement. When appropriate, we also assess potential retaliation or discrimination claims tied to your request for leave or your return to work.

What To Do If Your Leave Request Is Denied

When a supervisor or human resources department says “no” to a family or medical leave request, it can be confusing and stressful. Understanding your options can help you protect your job and income. Before reacting in the moment, it is often helpful to pause, gather information, and make a plan so you do not unintentionally weaken your position under California and federal law.

First, you can ask your employer to put the denial in writing and to explain the specific reason your request was refused. Keeping copies of emails, text messages, and any forms you submitted to request leave can create a clear record of what happened. You may also want to review any employee handbooks, leave policies, or union agreements that apply to your workplace to see whether your employer has followed its own rules.

Next, consider whether your situation might qualify under either CFRA or the federal family and medical leave law even if your employer says otherwise. For example, some employers incorrectly assume they do not have to provide leave because they misunderstand how to count employees or how to calculate hours worked. We review these details with you and, when appropriate, help you communicate with your employer or file a complaint with the California Civil Rights Department or the U.S. Department of Labor. Speaking with a fmla attorney California workers trust can also help you avoid mistakes, such as resigning too quickly or accepting an unlawful change in your position.

Frequently Asked Questions

Does My Employer Have To Pay Me While I Am on CFRA or FMLA Leave?

Neither CFRA nor the federal family and medical leave law generally requires an employer to pay wages while you are out on leave. However, you may be able to use accrued paid time off, vacation, or sick leave during some or all of your absence. Some employees also qualify for state programs such as Paid Family Leave or State Disability Insurance, which can replace a portion of lost income while they are off work.

Can My Employer Discipline or Fire Me for Requesting Family or Medical Leave?

Employers are not allowed to retaliate against you because you requested or took protected family or medical leave. This means they cannot lawfully punish you, cut your hours, or terminate you for using rights provided by CFRA or the federal law. If discipline or termination occurs shortly after a leave request, it is important to document the timing and reasons given and to speak with a lawyer about whether your rights have been violated.

Do I Have To Work in California for a Certain Amount of Time Before I Qualify for Leave?

To qualify for CFRA or the federal family and medical leave law, you generally must have worked for your current employer for at least 12 months and have a minimum number of hours during the year before your leave starts. These rules can be complex, especially if you have had breaks in service, seasonal work, or transfers between locations. Reviewing your pay records and schedule with a legal professional can help you understand whether you meet the eligibility requirements.

Working to Ensure Employee Rights Under CFRA

Family leave laws are complicated and can be changed legislatively. Employers do not always follow or understand their obligations. Our team of skilled attorneys understands how FMLA, CFRA, and other employment laws intersect. We aggressively represent our clients’ rights.

Many of our clients contact us after a request for leave has been denied, cut short, or followed by sudden discipline or termination. As a firm focused on labor and employment law across California, we review emails, policies, and performance records to identify where an employer may have violated state or federal leave protections. We also advise employees on practical next steps, such as whether to continue communicating with human resources, how to document conversations, and when it may be appropriate to pursue legal action to enforce their rights.

If you have been improperly denied leave or reinstatement under CFRA or PDL, call Valiant Law. When we take your case, you will get the full force of years of experience and commitment to standing up for California employees.

Discuss your CFRA or PDL case with us in a free initial consultation. Schedule an appointment by calling (909) 254-5771 or reaching out online.