Overview
California employees have strong legal protections when they need medical leave, pregnancy leave, disability accommodations, or time off to care for family members. Yet many employers still deny leave, delay approval, retaliate against employees who request it, or refuse to provide required accommodations. These violations are not only unethical, they are illegal.
If your employer denied your leave, threatened disciplinary action, or ignored your need for accommodations, you may have a powerful legal claim. This page explains your rights under FMLA, CFRA, FEHA, ADA, and California pregnancy leave laws, along with what to do if your employer violates those rights.
Overview of Protected Leaves in California
California provides more types of protected leave than almost any other state. These laws apply to different types of employees, job sites, and medical circumstances.
The most important leave laws include:
1. Family and Medical Leave Act (FMLA)
A federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave for:
- Serious health conditions
- Caring for a family member
- Bonding with a new child
- Certain military situations
Your employer must continue your group health benefits while you are on leave.
2. California Family Rights Act (CFRA)
CFRA is similar to FMLA but broader. It covers more conditions and family relationships. Many employees qualify for CFRA even when they do not qualify for FMLA.
3. Pregnancy Disability Leave (PDL)
Employees who are disabled due to pregnancy, childbirth, or related conditions can receive up to four months of protected leave.
4. New Parent Leave and Baby Bonding Leave
Employees can receive additional bonding time after a child is born, adopted, or placed for foster care.
5. Paid Sick Leave (PSL)
California requires employers to provide paid sick time that can be used for illness, medical appointments, or caring for family members.
6. Workers’ Compensation Medical Leave
Injured employees often require time off for recovery, therapy, or modified duties.
Failing to allow legally protected leave is a serious violation.
What Counts as a Reasonable Accommodation
Employees with disabilities or medical conditions have the right to reasonable accommodations that allow them to perform essential job functions. Employers must engage in a good faith dialogue known as the interactive process.
Common accommodations include:
- Modified work schedules
- Remote work arrangements
- Assistive devices
- Physical workspace adjustments
- Light duty or reduced lifting requirements
- More frequent breaks
- Time off for medical appointments
- Leave as an accommodation
California’s FEHA law is more protective than federal ADA law and covers temporary disabilities as well.
An employer cannot simply ignore accommodation requests or refuse to discuss options. Both actions violate the law.
Common Violations of Leave and Accommodation Rights
Many employers try to discourage or punish employees who request leave or accommodations. These are the most common violations:
1. Denial of Protected Leave
Employers sometimes reject valid leave requests with excuses such as:
- Not enough staff
- Too busy
- Not eligible without checking the law
- Asking for more documentation than allowed
2. Delaying Approval
Employers may stall, push back deadlines, or ignore paperwork. Delay itself can be a violation.
3. Retaliation for Requesting Leave
Examples include:
- Write-ups that begin right after requesting leave
- Cutting hours
- Reducing responsibilities
- Hostile treatment
- Termination shortly after the request
This is illegal under both state and federal law.
4. Failure to Provide Reasonable Accommodations
Employers must consider any accommodation that does not create undue hardship. Many fail to engage in the required interactive process.
5. Refusal to Reinstate After Leave
Employees are entitled to return to the same or a similar position. Employers cannot demote or retaliate simply because you took legally protected leave.
6. Disclosing Medical Information
Employers must keep all medical information confidential. Sharing your medical status with coworkers or managers violates privacy laws.
These violations can lead to significant legal consequences for employers.
How to Know if Your Rights Were Violated
You may have a strong claim if any of the following happened:
- Your employer denied leave you legally qualified for
- HR discouraged you from applying for leave
- You were asked to work during FMLA or CFRA leave
- Your employer demanded medical details they are not allowed to request
- You were punished after requesting accommodations
- Your employer refused to discuss accommodation options
- You were written up or fired soon after requesting leave
- You were demoted after returning from leave
- You were told your leave would affect job security
Even if the employer gives a different reason, the timing and circumstances can reveal unlawful motives.
How to Document Leave and Accommodation Issues
Strong documentation increases the strength of your claim. Save:
1. Emails and Texts
Any communication about leave, accommodations, restrictions, or HR interactions.
2. Medical Certifications
Doctor’s notes, work restrictions, or FMLA forms.
3. Reprimands or Write-Ups
Especially those that occur soon after requesting leave.
4. Employee Handbook and Company Policies
These often contradict the employer’s actions.
5. Personal Notes
Create a timeline of events with dates and details.
6. Pay Stubs or Schedules
To show lost hours or changes in duties.
7. Notes from Conversations
Record manager comments or discriminatory statements.
An attorney can organize this evidence and use it to build a compelling case.
Employer Obligations Under the Law
California employers have several legal duties regarding leave and accommodations. They must:
- Review leave requests fairly
- Engage in a timely interactive process
- Keep medical information confidential
- Avoid retaliation
- Reinstate employees returning from leave
- Provide reasonable accommodations
- Not interfere with leave rights
- Provide required notices and paperwork
- Maintain accurate records
Failure to fulfill these duties is a legal violation that can support a claim for damages.
Damages Available for Leave and Accommodation Violations
Employees harmed by unlawful denial of leave or accommodations may recover significant compensation. Available damages may include:
1. Back Pay
Wages lost due to termination or reduced hours.
2. Front Pay
Future wages if reinstatement is not practical.
3. Emotional Distress
Stress, anxiety, humiliation, and related harm.
4. Out-of-Pocket Expenses
Medical costs, therapy, or job search expenses.
5. Lost Benefits
Health insurance, retirement contributions, bonuses, and commissions.
6. Civil Penalties
California imposes penalties for interference with leave rights.
7. Attorney Fees
Many statutes require the employer to pay your legal fees.
8. Punitive Damages
Available if the employer acted with oppression, malice, or fraud.
These cases often produce substantial settlements.
How an Employment Lawyer Can Help You
A workplace leave and accommodation attorney provides critical support by:
- Determining which laws apply to your situation
- Evaluating medical documentation
- Filing claims with CRD or the Department of Labor
- Collecting evidence and conducting interviews
- Negotiating for a fair settlement
- Filing a lawsuit if needed
- Protecting you from retaliation
- Calculating full damages
Employers often take claims far more seriously when an attorney is involved.
What to Do if Your Employer Denied Your Leave or Accommodation Request
If you believe your rights were violated, take these steps immediately:
- Gather all documents and communications
- Keep a personal written timeline
- Do not confront managers aggressively
- Do not sign any severance agreements
- Avoid discussing your situation with coworkers
- Contact an employment attorney as early as possible
These actions protect your claim and preserve evidence.
Speak With a California Leave of Absence and Accommodation Rights Lawyer
If you were denied medical leave, punished for requesting time off, or refused reasonable accommodations, you may have a strong claim under California law. A skilled employment attorney can protect your rights, guide you through the process, and help you pursue the compensation you deserve.
