A parent’s Alzheimer’s diagnosis changes everything. The progressive nature of the disease means that care needs increase over time, and there are often critical periods — following diagnosis, during medication adjustments, or as cognitive decline accelerates — when a family member’s presence is not just helpful but essential. Federal and California law recognize this reality and provide eligible employees with the right to take job-protected leave to care for a seriously ill parent. When an employer denies that leave, they may be violating the law in ways that entitle you to meaningful legal relief.
Your Rights Under the FMLA and CFRA
The federal Family and Medical Leave Act and California’s own California Family Rights Act both provide eligible employees with up to 12 weeks of unpaid, job-protected leave per year to care for a parent with a serious health condition. Alzheimer’s disease qualifies as a serious health condition under both laws. To be eligible, you generally must have:
- Worked for your employer for at least 12 months
- Logged at least 1,250 hours of work in the previous 12-month period
- Worked at a location where the employer has at least 50 employees within 75 miles
California’s CFRA provides additional protections beyond the federal FMLA in several respects, including broader definitions of family members and stronger anti-retaliation provisions. In many cases, employees are entitled to protections under both laws simultaneously.
Common Ways Employers Unlawfully Deny FMLA Leave
Employers don’t always deny leave outright. Interference with FMLA rights can take several forms, including:
- Refusing to recognize the request as FMLA-qualifying despite a valid medical certification
- Demanding more medical documentation than the law allows
- Discouraging leave by implying it will harm your standing or career prospects
- Approving leave but failing to restore you to your position upon return
- Counting protected leave against you in attendance or performance evaluations
- Terminating or demoting you during or shortly after your leave period
Any of these actions may constitute unlawful interference or retaliation under the FMLA and CFRA. PLBH can help you identify which violations apply to your situation and what remedies are available.
What to Do If Your Leave Request Is Denied
If your employer has denied or interfered with your right to FMLA leave, act promptly. Steps to take include:
- Submit your leave request in writing and keep a copy
- Obtain medical certification from your parent’s treating physician documenting the diagnosis and care needs
- Document any communications in which your employer discouraged, denied, or penalized your request
- Note any changes in how you were treated following your leave request
- Contact PLBH before the situation escalates further
Timing matters in FMLA claims. Strict deadlines apply, and the sooner you seek legal guidance the better positioned you will be.
What You Can Recover
A successful FMLA or CFRA claim can result in:
- Reinstatement to your position or an equivalent role
- Recovery of lost wages and benefits resulting from the unlawful denial
- Compensation for financial losses caused by the interference
- Liquidated damages equal to the amount of lost wages in willful violation cases
- Attorney fees and litigation costs
Caring for a parent with Alzheimer’s is one of the most demanding things a person can do. You shouldn’t have to choose between your job and being there for your family during one of the hardest seasons of their life. Contact PLBH at (800) 435-7542 to speak with a California employment law attorney who will fight to protect your rights.