YOUR RIGHTS UNDER FMLA & CFRA
The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) allows employees to take time up to 12 weeks off from work in a 12-month period for family or health-related reasons. These laws protect employees who have been working for an employer with 50 or more employees and have been working for at least a year. In order to be protected, you must have requested your leave in a timely manner and submitted all of the requested documentation, such as medical documents. During this time, you must not be fired or your job must not be changed unless you have been offered a comparable opportunity.
California’s leave laws provide broader protection than the federal standard. The CFRA covers more family relationships, applies to more medical conditions, and offers additional job protections. Employers that try to hide behind the FMLA’s stricter limitations often forget that California’s stronger laws control. Workers frequently qualify for CFRA leave even when employers insist they do not.
California also prohibits retaliation for requesting or taking leave even if the leave is never taken or ultimately denied. Many workers experience subtle forms of punishment, such as reduced hours, negative performance reviews, unwanted transfers, or pressure to return early. These actions can violate state and federal law even if the employer stops short of firing the employee. A knowledgeable attorney can identify these patterns immediately.
Leave-related retaliation often overlaps with disability accommodations, pregnancy rights, and wrongful termination. Our leave of absence lawyer in Los Angeles evaluates every case from multiple angles to ensure no violation is overlooked. Many employers break several laws at once when they deny or interfere with protected leave, which can significantly increase the amount you can recover.
Federal and California leave of absence laws allow employees to take time off for:
- Disability leave
- Leave for jury duty
- Maternity/paternity leave
- New parent leave
- Military leave
- Medical leave of absence
- Pregnancy leave
California also protects leave for school activities, domestic violence-related emergencies, organ and bone marrow donation, bereavement, and more. These additional protections make California one of the best states for employee leave rights. Employers who deny these rights risk substantial penalties and civil liability.
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