What is CFRA and how does it differ from FMLA?

CFRA (California Family Rights Act) is California's family leave law. It covers employers with 5+ employees (vs. FMLA's 50+) and includes leave for more family members including domestic partners, grandparents, grandchildren, and siblings. Both provide up to 12 weeks of unpaid, job-protected leave for qualifying reasons.

Can my employer deny my FMLA/CFRA leave request?

Employers can only deny leave if you don't meet eligibility requirements (12 months employment, 1,250 hours worked, employer size). They cannot deny leave for qualifying reasons including your own serious health condition, caring for a family member, or bonding with a new child. Denial of valid leave requests is illegal.

What is FMLA/CFRA retaliation?

Retaliation occurs when an employer takes adverse action against you for requesting or taking protected leave. This includes termination, demotion, reduction in hours, negative performance reviews, or harassment. Retaliation can occur during leave, upon return, or even for requesting leave information.

What damages can I recover for FMLA/CFRA violations?

For FMLA violations: back pay, benefits, liquidated damages (double damages), and attorney's fees. For CFRA violations: back pay, front pay, compensatory damages for emotional distress, punitive damages in some cases, and attorney's fees. California's CFRA often provides greater potential recovery.

Do I Need a Lawyer for FMLA/CFRA Violations?

Answer a few questions to get personalized guidance for your California family/medical leave case

What type of FMLA/CFRA violation have you experienced?

Different violations may have different remedies

Terminated while on leave or shortly after returning

Leave request denied or discouraged

Demoted or had position changed upon return

Harassed or penalized for requesting/taking leave

Why did you need family or medical leave?

Qualifying reasons are protected by law

My own serious health condition

Caring for a family member with serious health condition

Bonding with a new child (birth, adoption, foster)

Military family leave or other qualifying reason

Do you meet the eligibility requirements?

You must have worked 12 months and 1,250 hours

Yes, I've worked there over a year and full-time hours

I believe so, but I'm not 100% certain

I might be close to the threshold

I don't think I meet requirements, but was still mistreated

How large is your employer?

CFRA covers smaller employers than FMLA

50+ employees (covered by both FMLA and CFRA)

5-49 employees (covered by CFRA only)

Fewer than 5 employees

Not sure of exact size

Do you have documentation of your leave request and employer's response?

Documentation strengthens your case significantly

Yes, written request and employer communications

Some written documentation

Mostly verbal communications

Little to no documentation

What is your current employment status?

Affects case strategy and urgency

Still employed but facing ongoing issues

Currently on leave with concerns about returning

Terminated or forced to resign

Left employment more than a few months ago

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You Should Hire an Employment Lawyer

Your case involves significant FMLA/CFRA violations that strongly benefit from professional legal representation.

Why legal help is important:

Termination or demotion cases require strong advocacy
Multiple overlapping laws may apply (FMLA, CFRA, PDL)
Potential for significant damages including lost wages
Employers will have experienced defense attorneys
Many employment attorneys work on contingency
Strategic decisions about agency vs. direct lawsuit

Book $125 Consultation Find an Employment Attorney CA Bar Lawyer Referral

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Legal Consultation Recommended

Your situation has moderate complexity. A consultation can help you understand your rights and options.

Options to consider:

Consultation with an employment attorney
File complaint with California Civil Rights Department
File complaint with US Department of Labor (FMLA)
Document ongoing issues while deciding next steps
Get advice before making decisions about resignation

Book $125 Consultation Get Consultation File DOL FMLA Complaint

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You May Be Able to Start This Process Yourself

For ongoing leave issues that haven't escalated to termination, you can take some steps independently.

Recommended steps:

Put all leave requests in writing with medical certification
Document all communications with employer about leave
Know your rights under both FMLA and CFRA
File complaints with DOL or CRD if rights are violated
Consult an attorney if situation escalates
Don't sign anything without understanding your rights

DOL FMLA Information Consult Attorney If Needed

Understanding FMLA and CFRA in California

California employees may be covered by both federal FMLA and California's CFRA, which together provide strong job-protected leave rights. California's law is broader, covering more employees and more family members than federal law.

FMLA vs. CFRA Comparison

Feature	FMLA (Federal)	CFRA (California)
Employer Size	50+ employees within 75 miles	5+ employees anywhere
Leave Amount	12 weeks per year	12 weeks per year
Family Members Covered	Spouse, child, parent	Spouse, DP, child, parent, grandparent, grandchild, sibling
Pregnancy Disability	Included in 12 weeks	Separate (PDL) + 12 weeks bonding
Filing Deadline	2 years (3 for willful)	3 years

Qualifying Reasons for Leave

Your own serious health condition preventing you from working
Caring for family member with serious health condition
Bonding with new child (birth, adoption, foster care)
Military qualifying exigency when family member is called to duty
Military caregiver leave (up to 26 weeks) for injured service member

Employee Eligibility Requirements

To be eligible for FMLA/CFRA leave, you must:

Have worked for employer for at least 12 months
Have worked at least 1,250 hours in the past 12 months
Work for an employer covered by the law

Types of FMLA/CFRA Violations

Violation Type	Examples
Interference	Denying leave, discouraging leave requests, not providing required notices
Retaliation	Termination, demotion, discipline, negative reviews for taking leave
Failure to Reinstate	Not returning employee to same or equivalent position after leave
Benefits Violations	Failing to maintain health insurance during leave

Potential Damages

Damage Type	FMLA	CFRA
Back Pay	Yes	Yes
Front Pay	Yes	Yes
Liquidated Damages	Double damages available	Not applicable
Emotional Distress	Limited	Yes, no cap
Punitive Damages	No	Yes, in some cases
Attorney's Fees	Yes	Yes

California Pregnancy Disability Leave (PDL)

Important: California provides additional leave for pregnancy disability:

Up to 4 months (17.3 weeks) of pregnancy disability leave
Covers any employer with 5+ employees
Separate from CFRA bonding leave (12 weeks additional)
Can take up to 29 weeks total for pregnancy + bonding

Filing Deadlines

Claim/Agency	Deadline
FMLA Lawsuit	2 years (3 for willful violations)
DOL FMLA Complaint	No strict deadline but sooner is better
CFRA - CRD Complaint	3 years
Lawsuit after CRD	1 year after right-to-sue

Resources

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