5 Examples of CFRA and FMLA Violations by Employers And How to Respond

The California Family Rights Act and the Family and Medical Leave Act guarantee your right to take leave for serious health conditions and family care without fear of job loss. However, these protections only matter if employers comply with them.

Many employers violate CFRA and FMLA through actions ranging from subtle interference to outright termination. Recognizing these violations is the first step toward holding your employer accountable.

This article identifies five common violations and explains your legal remedies for each.

What are CFRA and FMLA?

California and federal law provide overlapping protections for medical and family leave. Understanding both laws ensures you receive maximum protection.

California Family Rights Act (CFRA)

The California Family Rights Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. CFRA applies to employers with 5 or more employees, covering significantly more California workers than federal law.

You qualify for CFRA if:

• You have worked for your employer for at least 12 months
• You worked at least 1,250 hours in the past 12 months
• Your employer has 5 or more employees

CFRA covers leave for:

• Your own serious health condition
• Caring for a spouse, child, parent, grandparent, grandchild, sibling, or domestic partner with a serious health condition
• Birth or adoption of a child
• Qualifying military exigencies

CFRA provides broader family coverage than federal law. You can care for extended family members who would not qualify under FMLA.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. The FMLA applies to employers with 50 or more employees.

You qualify for FMLA if:

• You have worked for your employer for at least 12 months
• You worked at least 1,250 hours in the past 12 months
• Your employer has 50 or more employees within 75 miles

FMLA covers leave for:

• Your own serious health condition
• Caring for a spouse, child, or parent with a serious health condition
• Birth or adoption of a child
• Qualifying military exigencies

During CFRA or FMLA leave, your employer must maintain your health insurance and return you to the same or a comparable position when your leave ends.

Your employer cannot retaliate against you for taking protected leave.

5 Common FMLA and CFRA Violations

Employers violate CFRA and FMLA through predictable patterns. Recognizing these patterns helps you identify when your rights have been violated and respond appropriately.

1. Denying Leave to Eligible Employees

Your employer violates CFRA or FMLA when they deny leave to an employee who meets all eligibility requirements.

Common excuses employers use:

• “We are too short-staffed right now”
• “This is not a good time for you to be out”
• “Your role is too important to the team”

None of these reasons justify denying protected leave. The law does not permit employers to deny leave based on business needs or inconvenience.

What to do: Request the denial in writing. Ask your employer to explain the specific legal basis for the denial.

If no legitimate reason exists, file a complaint with the California Civil Rights Department for CFRA violations or the U.S. Department of Labor for FMLA violations.

2. Demanding Excessive Medical Documentation

Employers can request medical certification to verify your need for leave, but they cannot demand your complete medical records or intrude on your privacy.

CFRA and FMLA allow employers to request:

• The date your condition began
• The probable duration of the condition
• Relevant medical facts about the condition
• A statement that you cannot perform your job functions

Your employer violates the law when they:

• Demand detailed medical records beyond basic certification
• Contact your healthcare provider without your written authorization
• Require second or third opinions at your expense

Employers must pay for second or third opinions. Repeatedly requesting additional certification without legitimate reasons also violates the law.

What to do: Provide only the medical certification required by law. If your employer requests information beyond what the law permits, document the request and consult an attorney before complying.

3. Retaliating After You Take Leave

Retaliation is one of the most common CFRA and FMLA violations. Your employer cannot punish you for exercising your right to take protected leave.

Retaliation includes:

• Termination, demotion, or denial of promotion after taking leave
• Negative performance reviews that did not exist before your leave
• Exclusion from projects, meetings, or opportunities after returning

Your employer also retaliates by assigning you to less desirable work or shifts, or subjecting you to increased scrutiny or micromanagement following your leave.

Timing proves critical. Adverse action that occurs shortly after you take leave suggests retaliation.

What to do: Document everything. Save performance reviews from before your leave, emails showing differential treatment, and communications that suggest retaliation.

Under California law, you can file a complaint with the California Civil Rights Department within three years.

For federal FMLA claims, file with the U.S. Department of Labor within two years (three years for willful violations).

4. Refusing to Reinstate You After Leave

CFRA and FMLA require your employer to return you to the same position or a comparable position when your leave ends. Refusing to reinstate you violates the law.

Common violations include:

• Claiming your position was eliminated while you were on leave
• Offering you a position with lower pay, fewer hours, or reduced responsibilities
• Telling you no positions are available

Your employer also violates reinstatement rights by placing you in a different location or shift without justification, or reducing your benefits or seniority.

Comparable positions must provide equivalent pay, benefits, working conditions, and duties.

• Exception: If your employer conducted a legitimate layoff or restructuring that would have affected you regardless of your leave, they may not be required to reinstate you.
• However, this exception is narrow, and employers often misuse it.
• What to do: Request written documentation explaining why you are not being reinstated. Compare the offered position to your former position.

If the new role has lower pay or reduced responsibilities, it is not comparable.

5. Interfering With Your Right to Take Leave

Interference occurs when your employer discourages, prevents, or makes it difficult for you to exercise your CFRA or FMLA rights.

Examples of interference:

• Threatening job loss if you take leave
• Pressuring you to return from leave early
• Counting leave against you in performance evaluations or attendance policies

Your employer also interferes by making negative comments about your leave request, failing to provide required notices about your rights, or requiring you to find your own replacement before approving leave.

CFRA and FMLA require employers to provide specific notices about your rights within five business days of your leave request.

Failure to provide these notices constitutes interference.

• What to do: Document all interference. Save emails, text messages, and write down verbal statements that discourage you from taking leave.

File a complaint with the appropriate agency if your employer refuses to process your leave request or pressures you to abandon it.

Other Common CFRA and FMLA Violations

Leave violations extend beyond the five most common examples. Employers also violate the law through these practices:

1. Refusing to allow intermittent leave when medically necessary: Your doctor determines whether intermittent leave is appropriate.
2. Failing to maintain health insurance during leave: Your employer must continue your health coverage under the same terms.
3. Requiring you to exhaust paid time off before using unpaid leave: Employers can request this but cannot require it.
4. Treating leave as a negative factor in employment decisions: Your employer cannot hold protected leave against you.

What You Can Recover?

CFRA and FMLA violations can result in significant financial recovery. Understanding what you can claim helps you assess the value of your case.

If your employer violated your rights, you may recover:

• Back pay and lost wages
• Front pay if reinstatement is not possible
• Liquidated damages equal to your lost wages for willful violations

You may also recover reinstatement to your former position, health insurance reimbursement for lost coverage, and attorney’s fees and costs.

Under California law (CFRA and FEHA), you may also recover emotional distress damages and punitive damages.

Steps to Take After a Violation

Acting quickly after a violation protects your legal rights and strengthens your case. Follow these steps to preserve your claims.

Gather Your Documentation

Collect all records related to your leave:

• Leave request forms and employer responses
• Medical certifications
• Performance reviews before and after leave

Also save emails and text messages about your leave, and evidence of how other employees were treated.

File Complaints Promptly

• California CFRA: File with the California Civil Rights Department within three years.
• Federal FMLA: File with the U.S. Department of Labor within two years (three years for willful violations).

Missing these deadlines can bar your claims.

Consult an Employment Attorney

CFRA and FMLA cases involve strict procedural requirements and filing deadlines. An employment attorney can evaluate your claim, gather evidence, and represent you in negotiations or litigation.

Your Rights Matter

CFRA and FMLA violations are common, but they are not lawful. If your employer denied your leave, retaliated against you, or refused to reinstate you after protected leave, you have legal options.

At TONG LAW, we represent California employees whose CFRA and FMLA rights have been violated. We can evaluate your case and pursue the remedies you deserve.

Contact us today to discuss your situation.