Caring for a parent in hospice care is one of life’s most emotional and difficult responsibilities. During this time, employees often need extended leave from work to provide support, attend medical appointments, and simply be present with their loved one. California law provides strong protections for workers who request family leave for these reasons.
Yet, some employers unlawfully deny requests, leaving employees without the time and support they are legally entitled to. At PLBH, we advocate for workers whose rights to family leave have been violated and help them file claims to protect both their jobs and their families.
Understanding Family Leave Rights
Both federal and state laws provide job-protected leave for employees who need time off to care for a seriously ill parent. The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) guarantee eligible employees up to 12 weeks of unpaid leave per year to care for a family member with a serious health condition, which includes hospice care.
These protections apply whether the employee is assisting with medical decisions, managing care arrangements, or simply spending time with a parent during their final days. While the leave is unpaid, employees retain the right to keep their health benefits and to return to their job—or an equivalent position—once the leave ends.
Common Employer Violations
Unfortunately, not all employers honor these legal rights. Some deny requests outright, while others create unnecessary barriers. Common violations include:
- Flat denials of leave requests: Employers may improperly claim that hospice care does not qualify as a serious health condition.
- Demands for excessive documentation: While some proof is allowed, requiring repeated or invasive medical details can be unlawful.
- Threats of termination or demotion: Employers may try to discourage employees from taking leave by suggesting job consequences.
- Retaliation after leave: Some employees return to work only to face reduced hours, lost opportunities, or a hostile environment.
These tactics are not only unfair—they are illegal.
How to File a Family Leave Violation Claim
When an employer unlawfully denies or interferes with family leave, employees have the right to take action. The process typically begins with documenting the violation. Keep copies of your written leave request, any responses from your employer, and supporting medical documentation. Written communication is especially important, as it creates a paper trail that can serve as evidence.
Once documentation is secured, employees can:
- File a complaint with California’s Civil Rights Department (CRD): The CRD investigates violations of CFRA.
- File a complaint with the U.S. Department of Labor: For violations of FMLA, federal authorities may become involved.
- Consult with an attorney: An experienced employment lawyer can evaluate the facts, guide you through the complaint process, and represent you if litigation becomes necessary.
Remedies Available to Employees
When employers violate family leave laws, employees may be entitled to several forms of relief. These remedies can include:
- Reinstatement: Returning to the same or a comparable job after leave.
- Back pay: Compensation for lost wages due to unlawful denial or retaliation.
- Front pay: Compensation if reinstatement is not possible.
- Compensatory damages: For emotional distress caused by the violation.
- Attorney’s fees and costs: Ensuring workers can pursue claims without financial hardship.
These remedies are designed not only to make employees whole but also to deter employers from committing similar violations in the future.
How PLBH Helps Employees
At PLBH, we understand how stressful it is to balance caring for a terminally ill parent with fighting for your rights at work. Our team provides compassionate and determined representation, guiding clients through every step of the process. We investigate violations, gather evidence, file claims with the appropriate agencies, and pursue lawsuits when necessary. Our goal is to ensure that workers can focus on their families without fear of losing their jobs or income.
Protecting Your Rights During a Difficult Time
No one should be forced to choose between their job and being present for a dying parent. California law is clear: employees have the right to take leave for hospice care, and employers who deny that right can be held accountable.
If your request for family leave has been denied or if you’ve experienced retaliation for seeking time off, you have options. Call PLBH at (800) 435-7542 today for a confidential consultation. We will review your case, explain your legal rights, and fight to protect both your livelihood and your family during this critical time.