Taking time off to care for yourself or a loved one shouldn’t cost you your job. Under both federal and California laws, eligible employees have the right to take protected family or medical leave in certain situations. Unfortunately, not all employers follow the law—and some workers find their requests denied, delayed, or ignored. If your employer has refused to grant legally protected leave, you may have legal options to pursue.
Understanding Your Right to Leave
Two major laws provide job-protected leave in California:
- Family and Medical Leave Act (FMLA) – A federal law providing up to 12 weeks of unpaid, job-protected leave per year for specific family or medical reasons.
- California Family Rights Act (CFRA) – A state law similar to FMLA, covering additional family relationships and circumstances.
You may qualify for leave if:
- You’ve worked for your employer for at least 12 months
- You’ve worked at least 1,250 hours in the past 12 months
- Your employer has at least 5 employees (for CFRA) or 50 employees (for FMLA)
Qualifying reasons include:
- Serious health condition (your own or a family member’s)
- Bonding with a new child (birth, adoption, or foster placement)
- Military family leave
Common Ways Employers Violate Leave Laws
Some employers deny leave outright, while others make it difficult to take or return from it. Examples include:
- Rejecting valid leave requests without explanation
- Requiring more documentation than the law allows
- Retaliating after a leave request (e.g., cutting hours or terminating employment)
- Failing to reinstate you to your same or an equivalent position after leave
- Misclassifying you as ineligible when you actually qualify
These actions may constitute violations of your legal rights.
What You Can Do If Your Leave Is Denied
Being denied leave can create significant stress, especially when you’re dealing with a medical issue or family emergency. If your request was denied and you believe it should have been approved, there are steps you can take.
1. Review Your Documentation
Make sure your leave request was properly submitted and supported with any necessary medical certifications. Keep copies of all communications between you and your employer.
2. Understand Why It Was Denied
Ask your employer for a written explanation of the denial. If their reason contradicts state or federal law—or if no valid reason is provided—you may have grounds for a legal claim.
3. Keep Detailed Records
Maintain a timeline of:
- When you requested leave
- How your employer responded
- Any changes in your job status or treatment after your request
These details will be important if you pursue a legal remedy.
Legal Remedies Available
If your rights were violated, you may be entitled to compensation or other legal remedies.
Possible Outcomes of a Legal Claim
- Reinstatement to your previous job or a similar one
- Back pay for wages lost due to wrongful termination or demotion
- Compensation for emotional distress caused by the denial or retaliation
- Civil penalties against your employer
- Attorney’s fees and legal costs if you prevail
An experienced employment attorney can help you understand the strength of your case and what outcomes to expect.
Speak with an Employment Law Attorney
Laws around family and medical leave are complex, and employers don’t always apply them fairly. If your leave request was denied or if you experienced retaliation for taking protected time off, legal support can make a difference.
At PLBH, we help employees enforce their rights to family and medical leave under California and federal law. Our team can review your situation, assess whether your rights were violated, and help you take action. Contact PLBH at (800) 435-7542 for a confidential consultation.
Your Job Shouldn’t Be at Risk for Putting Health and Family First
Whether you’re recovering from surgery, bonding with a newborn, or caring for a seriously ill family member, the law is on your side. If your employer unlawfully denied your leave, you have the right to fight back. Knowing your rights—and having the right legal guidance—can help you move forward with confidence.