CFRA/FMLA Violations
California CFRA/FMLA Violations Attorneys
If you needed medical leave but your employer denied it, interfered with your rights, or punished you for taking time off, you are not alone, and you have legal protections. Both federal and California laws guarantee job-protected medical leave for eligible employees. The federal law is the Family and Medical Leave Act (FMLA), and the state law is the California Family Rights Act (CFRA). Employers frequently misunderstand or ignore these obligations.
Whether you were denied FMLA or CFRA leave, disciplined for taking time off, fired after returning from medical leave, or retaliated against for requesting accommodations, your employer may have violated the law. FMLA and CFRA are laws that protect your right to take time off for medical reasons.
At Ranen Khademi PC, we represent employees throughout California in cases involving FMLA violations, CFRA violations, pregnancy disability leave issues, retaliation, and wrongful termination. As former defense attorneys, we understand how employers analyze and justify medical-leave decisions, and we know exactly how to hold them accountable.
What Counts as an FMLA Violation?
FMLA violations don’t always look obvious. Many happen through subtle interference, delays, misinformation, or retaliation. Under federal FMLA and the California Family Rights Act (CFRA), employers must allow eligible employees to take protected medical leave without penalty.
Common violations include:
Denying or Restricting Medical Leave
It is illegal for an employer to:
- Refuse to approve eligible FMLA/CFRA leave
- Require employees to work during leave
- Demand unreasonable medical documentation
- Ignore medical certifications
Qualifying reasons include:
- Surgery or recovery
- Cancer treatment
- Mental health conditions
- Pregnancy or postpartum-related complications
- Caring for a sick spouse, child, or parent
Refusing CFRA Leave (California’s Version of FMLA)
The California Family Rights Act (CFRA) often provides broader protections than the FMLA.
CFRA covers:
- Domestic partners
- Adult children
- More medical conditions
- Expanded family leave options
When FMLA and CFRA overlap, you may be entitled to additional time off.
Failing to Reinstate You to the Same or Equivalent Job
An employer cannot:
- Reduce your hours
- Change your schedule
- Demote you
- Assign you to a lesser role
…because you took protected medical leave.
If your job changed dramatically after you returned, you may have a reinstatement claim.
Retaliation for Requesting or Taking FMLA/CFRA Leave
Retaliation can be blatant or subtle. It includes:
- Write-ups
- Negative performance reviews
- Schedule changes
- Loss of hours
- Demotion
- Harassment
- Termination
Retaliation is illegal even if your leave request was not ultimately approved.
Wrongful Termination Related to Medical Leave
You may have a claim if you were fired:
- After requesting leave
- During leave
- Immediately upon returning
- Under a false “performance” reason
- For disability-related absences
Employers often try to hide retaliation behind pretextual discipline. Our team knows how to uncover it.
Interference With Your Leave Rights
Interference includes:
- Discouraging you from taking leave
- Misleading you about eligibility
- Failing to provide required notices
- Delaying approval
- Demanding you delay treatment
- Penalizing you for leave-related absences
Any attempt to block your protected leave may violate the law.
Pregnancy & Postpartum Leave Violations
California offers some of the strongest protections for pregnancy, including:
- Pregnancy Disability Leave (PDL) Up to 4 months.
- CFRA baby-bonding leave: 12 weeks
- Reasonable accommodations for pregnancy
- Lactation break accommodations
If your job was threatened, limited, or terminated because of pregnancy or postpartum recovery, you may have multiple overlapping legal claims.
Understand Your Rights in California: CFRA/FMLA Violations Laws
Medical leave rights can be confusing. especially because federal and California laws interact differently depending on your situation.
Here’s what you need to know:
The Family and Medical Leave Act (FMLA)
Federal law provides:
- 12 weeks of unpaid, job-protected leave
- Health insurance continuation
- Leave for your own condition or a family member’s
Applies to employers with 50+ employees.
California Family Rights Act (CFRA)
In many cases, CFRA is more expansive than the FMLA.
Key differences:
- Covers domestic partners
- Covers adult children
- Broader definitions of “family member.”
- Protects additional medical conditions
Employers must comply with both laws when they overlap.
Pregnancy Disability Leave (PDL)
PDL offers up to:
- 4 months of leave for pregnancy-related disability
- Additional CFRA bonding leave after birth
You may be entitled to both.
FEHA Medical Leave Protections
Under the Fair Employment and Housing Act (FEHA):
- Employers must provide reasonable accommodations
- Employers must engage in the interactive process
- Additional leave may be required as an accommodation
Even if you’re not eligible for FMLA, FEHA may still protect you.
Why Choose Ranen Khademi PC
Former Defense Attorneys
We’ve worked on the other side and know how employers and their lawyers build their cases.
Strategic Insight
Our team anticipates defense tactics and builds proactive, evidence-based strategies to counter them.
Personal Attention
You’ll work directly with experienced attorneys who take the time to understand your story.
Proven Results
Our firm has secured significant settlements and verdicts for employees across California.
Our Process
Free Consultation
We listen to your story, discuss your concerns, and explain your rights under the law.
Case Evaluation
We thoroughly review your situation, analyze relevant facts, and determine potential claims under both California and federal law.
Negotiation or Litigation
Based on our findings, we seek a fair resolution through negotiation or prepare for trial if needed.
Support Throughout
We keep you informed, answer your questions, and provide compassionate guidance at every stage.
Contact Our California CFRA/FMLA Violations Attorneys Today
If your employer denied leave, interfered with the process, or retaliated against you, you may be entitled to compensation for lost wages, emotional distress, and more.
The attorneys at Ranen Khademi PC are ready to protect your rights and help you restore stability and dignity at work.
Serving clients throughout Los Angeles, Riverside, San Bernardino, Orange County, San Diego, the Bay Area, and across California.
Frequently Asked Questions
- Surgery (scheduled or emergency)
- Extended recovery periods
- Hospital stays or inpatient care
- Chronic conditions like migraines, diabetes, asthma, or autoimmune disorders
- Mental health conditions requiring ongoing therapy or medication
- Pregnancy-related conditions (severe morning sickness, bedrest, postpartum recovery)
- Long-term illnesses requiring regular medical appointments
- Conditions requiring intermittent time off
Not legally. Your employer cannot terminate you because you requested or took FMLA or CFRA leave. Employers sometimes try to disguise retaliation by claiming:
- Performance issues
- Restructuring
- Elimination of job duties
- Excessive absences (even if legally protected)
If you were fired shortly after requesting leave, during leave, or immediately upon returning, that’s a major red flag. The burden is on the employer to prove the termination was completely unrelated to your leave.
If the timing feels suspicious, it likely is.
Even if you don’t meet federal FMLA requirements, you may still be protected under California laws, which are stronger and more expansive.
You may qualify for:
- CFRA (California Family Rights Act): Covers domestic partners, adult children, and more conditions
- Pregnancy Disability Leave (PDL): Up to 4 months of pregnancy disability leave
- FEHA (Fair Employment and Housing Act): A California law that requires reasonable accommodations for disabilities, which can include extended medical leave.
- ADA accommodations: If the medical condition qualifies as a disability
- Short-term leave as a reasonable accommodation
Many employees who are “not eligible for FMLA” still qualify for CFRA or FEHA leave. Employers often misunderstand (or misrepresent) eligibility requirements.
If you were denied leave, your rights may still be protected.
Typically, yes, FMLA and CFRA allow employers to request a basic medical certification, but they cannot:
- Demand detailed diagnoses
- Request full medical records
- Ask for unnecessary or invasive information
- Require you to disclose private mental health details
- Delay approval while waiting for excessive documentation
A simple note stating:
- You have a qualifying condition
- You need time off or modified duties
- The expected duration
…is usually enough.
If your employer is demanding more than the law allows, that may be interference or retaliation.
Deadlines vary depending on the type of claim:
- FEHA retaliation or discrimination: Usually 3 years
- FMLA violations: Typically 2 years, or 3 years if the violation was willful
- CFRA violations: Generally 3 years
- Wrongful termination claims: Vary based on the legal theory
- Labor Commissioner claims: Shorter deadlines may apply
Because medical leave violations often involve overlapping laws, it’s crucial to speak with an attorney quickly. The sooner you act, the easier it is to protect your rights and gather evidence.