The Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide critical protections for employees needing time off to care for their health or family. If your employer unlawfully denies your request for leave, it can create financial and emotional stress.
Understanding your rights and how to respond can help you hold your employer accountable and secure the leave you’re entitled to. Contact PLBH at (800) 435-7542 for a free legal consultation.
Understanding FMLA and CFRA Protections
Both the FMLA and CFRA ensure eligible employees can take unpaid, job-protected leave for specific reasons, including:
- Caring for a newborn, adopted, or foster child
- Managing a serious health condition
- Caring for a family member with a serious health condition
- Addressing qualifying emergencies related to a family member’s military service
Under these laws, employees are entitled to up to 12 weeks of leave within a 12-month period.
Employer Obligations Under FMLA and CFRA
Employers covered by FMLA or CFRA must:
- Allow eligible employees to take protected leave without retaliation
- Maintain the employee’s health benefits during the leave
- Restore the employee to the same or an equivalent position upon returning
Signs Your Family or Medical Leave Has Been Unlawfully Denied
Denial of leave may be unlawful if:
- Your employer refuses your request despite meeting eligibility criteria.
- You’re pressured to delay or cancel your leave for work-related reasons.
- Your employer misrepresents your leave rights or eligibility.
- You face retaliation, such as demotion or termination, after requesting leave.
Steps to Take If Your Leave Is Denied
If you believe your family or medical leave has been unlawfully denied, take the following steps to protect your rights:
1. Review Your Eligibility and Leave Request
Confirm you meet the eligibility criteria under FMLA or CFRA:
- You’ve worked for your employer for at least 12 months.
- You’ve worked at least 1,250 hours in the past year.
- Your employer has 50 or more employees within a 75-mile radius (for FMLA) or five or more employees (for CFRA).
Ensure your leave request was submitted according to your employer’s policies and with proper documentation.
2. Document the Denial
- Save written communication from your employer regarding the denial of your leave.
- Record any verbal conversations about your request, including dates and key statements.
3. File a Complaint with HR
Notify your HR department about the denial and request clarification in writing. This creates a paper trail and gives your employer an opportunity to address the issue.
4. Gather Evidence of Retaliation (If Applicable)
If your employer retaliates after your request, document incidents such as:
- Demotions or pay cuts
- Harassment or hostile treatment
- Termination or threats of termination
5. File a Complaint with Government Agencies
If your employer does not resolve the issue internally, you can file a complaint with:
- The Department of Labor (DOL): For FMLA violations
- California Civil Rights Department (CRD): For CFRA violations
6. Consult an Employment Attorney
An experienced employment attorney can evaluate your case, guide you through the legal process, and help you seek compensation for damages caused by the denial.
Potential Remedies for Unlawful Leave Denial
If your employer unlawfully denies your leave, you may be entitled to:
- Back Pay: Compensation for wages lost due to wrongful denial or retaliation.
- Reinstatement: Returning to your original position or an equivalent role.
- Emotional Distress Damages: Compensation for stress or emotional harm caused by the violation.
- Punitive Damages: In cases of willful or egregious misconduct by your employer.
How PLBH Can Help
At PLBH, we understand the challenges employees face when their family or medical leave rights are denied. Our dedicated attorneys are experienced in FMLA and CFRA violations and will fight to protect your rights. We’ll help you gather evidence, file complaints, and pursue compensation for any damages you’ve suffered.
Take Action Today
If your family or medical leave has been unlawfully denied, don’t wait to seek help. Contact PLBH at (800) 435-7542 to schedule a consultation and learn how we can help you hold your employer accountable and secure the time off you’re entitled to.