FMLA and CFRA Retaliation in California: Your Right to Medical Leave

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FMLA and CFRA Retaliation in California: Your Right to Medical Leave

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Protected Medical Leave Under Federal and State Law

Both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide eligible employees with job-protected, unpaid leave for qualifying medical and family reasons.

These laws allow up to 12 weeks of leave per year for:

A serious health condition
Caring for a family member with a serious condition
Bonding with a new child (birth, adoption, or foster care)
Military family needs

To qualify, the employee must:

Have worked at least 12 months for the employer
Have logged at least 1,250 hours in the past year
Work at a location with 50 or more employees within a 75-mile radius

Employers are prohibited from retaliating against employees for requesting or taking protected leave. At Falakassa Law, we fight for workers whose rights were violated after exercising this legal protection.

What Retaliation Looks Like

FMLA or CFRA retaliation can take many forms. Often, it’s not the leave itself that triggers a lawsuit—it’s how the employer reacts afterward. Retaliation may be subtle or overt, and it’s illegal under both federal and California law.

Examples of retaliation include:

Termination shortly after returning from leave
Demotion or reduced hours
Being passed over for a promotion
Unwarranted write-ups or poor performance reviews
Harassment or hostility from supervisors or coworkers
Denial of benefits or reassignment to a less favorable position

Retaliation does not have to be immediate—even delayed adverse actions can support a legal claim. If you notice changes in how you’re treated at work after medical leave, you may be facing retaliation.

Taking Legal Action After Retaliation

Employees who suffer retaliation for using FMLA or CFRA leave can pursue legal remedies to recover compensation and restore their career. Falakassa Law helps workers file claims with the California Civil Rights Department (CRD) or U.S. Department of Labor, and—when necessary—take their case to court.

You may be entitled to:

Lost wages and benefits
Job reinstatement
Emotional distress damages
Punitive damages for egregious misconduct
Attorneys’ fees and legal costs

We understand how stressful it is to be punished for prioritizing your health or your family. Our team is here to help you take back control.

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Disclaimer

Falakassa Law, P.C. does not handle cases against government entities.