FMLA & CFRA Leave Rights in California
Need medical or family leave? Learn your rights under FMLA & CFRA in California — and what to do if your employer retaliates. Free consultation with EFLL.
Need Time Off for Medical or Family Reasons? You’re Protected by Law.
If you or a loved one has a serious health condition, or you’re expecting a new child, California and federal law
protect your right to take time off without losing your job. These laws include:
The Family and Medical Leave Act (FMLA) – Federal
The California Family Rights Act (CFRA) – State
At Employees First Labor Law, we help workers who are denied leave, retaliated against, or wrongfully terminated after taking time off they’re legally entitled to. If this happened to you — we can help you fight back.
What Is FMLA/CFRA Leave?
Both FMLA and CFRA provide up to 12 weeks of job-protected, unpaid leave within a 12-month period for qualifying reasons. You may qualify for leave if:
- You have a serious health condition
- You need to care for a spouse, child, or parent with a serious health condition
- You are bonding with a newborn, adopted child, or foster child
- You have pregnancy-related complications (CFRA only applies after childbirth)
Your job must be protected — your employer must return you to the same or a comparable position after your leave
Who Is Eligible for FMLA or CFRA?
To qualify under either law, you must:
Work for an employer with 5+ employees (for CFRA) or 50+ employees (for FMLA)
Have worked for the employer for at least 12 months
Have worked 1,250 hours in the past 12 months
Many California workers qualify under CFRA even if they don’t qualify under FMLA because CFRA covers smaller employers.
Common FMLA/CFRA Violations
We regularly help clients who were:
- Denied leave or told they didn’t qualify (even when they did)
- Fired while on leave or immediately after returning
- Punished or written up for taking time off
- Forced to return early from medical leave
- Given a worse job upon return
💡 It is illegal for your employer to retaliate against you for exercising your FMLA or CFRA rights.
⚠️ Warning Signs of Employer Retaliation
“We need someone more reliable.”
“Your department couldn’t function without you.”
Sudden negative performance reviews after requesting leave
Removed from meetings or responsibilities post-leave
Denied promotion or raise following your absence
Don’t ignore these red flags. At EFLL, we know how to connect these patterns to legal liability — and we hold employers accountable.
What Can You Recover in an FMLA/CFRA Violation Case?
If your rights were violated, you may be entitled to:
- Back pay (lost wages and benefits)
- Reinstatement or front pay if you can’t return
- Emotional distress damages
- Punitive damages (in egregious cases)
- Attorneys’ fees and costs
EFLL has recovered six and seven figures in cases where employers retaliated against workers for taking medical or family leave.
How EFLL Protects Workers
We know how to:
Prove you qualified for protected leave
Expose retaliation, even if your employer denies it
Show pretext in “performance” or “restructuring” terminations
Negotiate strong settlements — or litigate at trial
Your job, your health, and your family are worth protecting.
Let’s Hold Your Employer Accountable
If you were denied leave, punished for taking it, or fired while caring for yourself or a loved one — you have legal options. Let EFLL fight for your rights and your recovery.
Your FMLA/CFRA Leave Rights in California
Don’t let your employer violate the law. Know your protections.
Both FMLA and CFRA allow up to 12 weeks of protected, unpaid leave in a 12-month period for serious health or family needs.
Your employer must return you to the same or a comparable position when you come back from leave.
This includes care for a spouse, child, parent, or registered domestic partner, and for pregnancy-related conditions or recovery (under CFRA).
You only need to provide enough information to show you need leave for a qualifying health condition — not personal medical details.
You are protected from being fired, demoted, or punished for requesting or taking leave.
If your employer provides group health insurance, it must continue during your leave as if you were still working.
You can take leave in separate blocks (e.g., for appointments, flare-ups) rather than all at once.
Employers with 5 or more employees are covered under CFRA — even if they’re too small for FMLA.
Your employer must inform you of your rights and give you a written explanation of whether your leave is approved or denied.
If you’re denied leave, fired, or retaliated against, you can file a legal claim — and Employees First Labor Law can help you win.
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READ OUR BLOG
FMLA vs. CFRA in California: What Employees Need to Know About Family Leave
Balancing work and family responsibilities can be challenging, especially when a serious health issue or a new addition to the family arises. Fortunately, California workers are protected under two powerful laws: the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). While these laws overlap, there are crucial differences every employee should know.
Top 5 Mistakes California Employees Make When Requesting FMLA or CFRA Leave
Needing time off for family or health reasons is common—but requesting leave under FMLA or CFRA can become a legal minefield if you’re not careful. Here are the top 5 mistakes California workers make—and how to avoid them.
How to Take Family Leave in California: A Step-by-Step Guide Under CFRA & FMLA
Planning for family leave in California? Whether welcoming a baby, dealing with a serious health condition, or caring for a loved one, knowing how to navigate FMLA and CFRA leave is crucial. Here’s a practical, step-by-step guide to protect your rights and your job.
