Your leave rights in California
Eligible employees get up to 12 weeks of job-protected leave under CFRA and FMLA for serious health conditions, family care, and bonding with a new child, plus pregnancy disability leave up to four months, and reasonable accommodation beyond that in many cases. Protected means your job, or a truly equivalent one, must be waiting.
How employers violate leave laws
- Firing or laying off workers during or right after leave
- 'Restructuring' the job away while you're out
- Counting protected absences against attendance points
- Discouraging, delaying, or denying eligible leave
- Demanding work while you're on leave
Interference and retaliation are separate claims
Employers violate the law both by blocking leave and by punishing its use. Either supports recovery of lost wages, emotional distress, penalties, and attorney fees. The timing of adverse action against your leave dates is often the whole case.
Questions we hear
I was laid off while on maternity leave. They say it was a coincidence.
Layoffs during protected leave get strict scrutiny. If your role survived under a new title or your duties were absorbed, coincidence becomes pretext.
Am I eligible for CFRA at a small company?
CFRA covers employers with just five employees. Many workers written off as ineligible actually qualify.
Can they demand I answer emails during leave?
Required work during protected leave can constitute interference. Occasional trivial questions are one thing. Ongoing work demands are another.