When serious health issues or family responsibilities arise, California employees are legally entitled to take time off without risking their jobs. Both state and federal laws protect your right to medical or family leave—but employers don’t always follow the rules.
If your leave has been wrongfully denied, cut short, or used against you, you may be able to file a formal complaint. At PLBH, we help employees understand their rights and take action when their employer violates family and medical leave laws.
What Laws Protect Family and Medical Leave?
In California, workers are protected by both state and federal leave laws. These laws allow eligible employees to take job-protected, unpaid leave for specific personal and family-related reasons.
Key Leave Laws
- Family and Medical Leave Act (FMLA): Provides up to 12 weeks of unpaid, job-protected leave per year for qualifying medical or family reasons.
- California Family Rights Act (CFRA): Similar to FMLA, but broader in some ways—covering domestic partners and additional family members.
- Pregnancy Disability Leave (PDL): Offers up to four months of job-protected leave for disabilities related to pregnancy and childbirth.
These laws apply to different situations, but they all prohibit retaliation or interference by your employer.
When Can You File a Leave Complaint?
You may be able to file a complaint if your employer has done any of the following:
- Denied or delayed a valid leave request
- Required you to work or check in during protected leave
- Demoted or fired you after taking leave
- Counted your leave against you in performance evaluations
- Pressured you to return to work early
- Failed to reinstate you to your original (or equivalent) position
Even if the leave was granted, any negative consequences related to your absence could be grounds for legal action.
Steps to Take If Your Leave Rights Are Violated
Filing a complaint begins with documenting what happened and knowing where to report the violation. Taking the following steps can help protect your job—and your health.
1. Review Your Leave Eligibility
Before moving forward, make sure you were eligible for leave under FMLA, CFRA, or PDL. Key requirements may include:
- Working for a covered employer
- Having at least 12 months of service
- Working a minimum number of hours in the past year
- Having a qualifying medical or family reason for leave
2. Document Everything
Keep a detailed record of your leave request, including:
- Written communications with HR or supervisors
- Doctor’s notes or medical certifications
- Notices of approval or denial
- Any retaliation or negative treatment following your leave
This documentation can help support your claim if you decide to file a complaint or legal claim.
3. File an Internal Complaint (If Safe)
If your workplace has an HR department or internal grievance process, you may choose to report the issue internally. This is optional, but it can sometimes resolve the issue quickly. Be sure to document any conversations and responses.
4. File a Formal Complaint
If internal efforts don’t work—or if you’re uncomfortable raising the issue at work—you can file a formal complaint through one of these agencies:
- California Civil Rights Department (CRD): Handles complaints related to CFRA and PDL violations.
- U.S. Department of Labor (DOL): Oversees FMLA violations through its Wage and Hour Division.
Complaints must typically be filed within one year of the violation under CFRA or two years under FMLA (three in cases of willful violations), so don’t delay.
5. Speak to an Employment Attorney
An experienced employment law attorney can help you determine whether your rights were violated, gather evidence, and file a legal claim for damages if necessary.
You Don’t Have to Face This Alone
Family and medical emergencies are stressful enough—you shouldn’t have to worry about losing your job on top of it. If your leave rights have been violated, you may be entitled to reinstatement, back pay, emotional distress damages, and more.
At PLBH, we help California workers protect their jobs and enforce their rights. Call PLBH at (800) 435-7542 to schedule a free consultation. We’re here to support you every step of the way.