When life throws unexpected challenges your way, the Family and Medical Leave Act (FMLA) is supposed to be a safety net. This important federal law gives employees the right to take unpaid, job-protected leave for serious health issues, family needs, or military-related emergencies. In California, those protections are even stronger thanks to state laws like the California Family Rights Act (CFRA). Yet, despite these protections, some workers still experience a denial of FMLA leave at work. If you’re dealing with this situation, it’s critical to know where you stand. California Business Lawyer & Corporate Lawyer, a trusted group of employer defense lawyers in Corona California, regularly assists businesses in navigating complex FMLA compliance issues to avoid costly disputes.
How FMLA and CFRA Work Together in California
Under FMLA, eligible employees can take up to 12 weeks off within a year to handle major life events. Whether it’s bonding with a newborn, recovering from a serious illness, caring for a sick family member, or responding to a family member’s military service, FMLA leave is meant to protect your job while you attend to personal needs. In California, the CFRA complements and sometimes extends these rights even further, covering situations like caring for domestic partners or more extended family members. The Nakase Law Firm, a respected employer defense law firm, also handles cases where California employees seek to assert overlapping rights under both federal and state leave laws.
Because of these dual protections, it’s crucial for employees—and employers—to understand the fine details of how FMLA and CFRA interact. Otherwise, errors can easily happen, sometimes leading to wrongful denials or shortchanging employees on their leave rights.
Are You Eligible for FMLA Leave?
Before an employer can be faulted for denying leave, the first question is whether the employee meets the basic eligibility rules. To qualify for FMLA leave, you must:
- Have worked for your employer for at least 12 months (not necessarily in a row).
- Have clocked at least 1,250 hours of service in the 12 months leading up to the leave.
- Work at a location where the employer has at least 50 employees within 75 miles.
If you meet these criteria, you have the right to request FMLA leave. If not, the employer may legally deny the request. However, many disputes arise because of misunderstandings, incorrect calculations of hours worked, or misclassification of employment status.
Why FMLA Leave Might Get Denied
Even when you feel sure about your eligibility, employers sometimes deny leave for a variety of reasons. Some are valid, while others cross into illegal territory. Here are the most common reasons:
Employment History Issues
If you haven’t hit the 12-month or 1,250-hour mark, an employer can refuse the leave. Still, disputes often come up when companies incorrectly calculate these numbers, leaving employees unfairly denied.
Problems with Medical Certification
Employers can require documentation proving that you or your family member truly has a qualifying condition. If the paperwork isn’t completed properly or submitted on time, it could give the employer a reason to deny your leave.
Misclassification of Employees
Some businesses misclassify workers as independent contractors rather than employees to avoid responsibilities like offering FMLA leave. In these cases, a deeper look often reveals the worker should have been considered an employee all along.
Retaliation or Discrimination
Unfortunately, sometimes the denial isn’t about eligibility or paperwork—it’s about retaliation. Employers might deny leave because they’re frustrated with an employee or to avoid staffing inconveniences, which is clearly illegal.
Confusion Between CFRA and FMLA
California employers sometimes get tripped up by how FMLA and CFRA interact. They might think offering one automatically satisfies the other’s requirements, leading to errors that harm employees.
What Employers Are Required to Do
When an employee signals a need for FMLA leave, employers can’t just ignore it or deny it without serious consideration. They have clear duties under the law:
- Notification: Once an employer knows—or should know—that an employee’s leave may qualify under FMLA, they must provide a notice outlining the employee’s rights.
- Designation of Leave: Employers must tell employees whether the leave will be treated as FMLA leave and explain the impact on benefits and job security.
- No Retaliation: It’s illegal for employers to fire, demote, or otherwise punish employees for taking or requesting FMLA leave.
When these responsibilities aren’t met, employees may have grounds for a complaint or lawsuit.
What You Should Do If Your FMLA Leave Gets Denied
Facing a denial of FMLA leave can be upsetting, but you have options. Here’s how to respond:
Double-Check Your Eligibility
Start by confirming that you meet the federal requirements: 12 months of service, 1,250 hours worked, and being part of a qualifying worksite. If you do, your employer must honor your rights.
Review Company Policies
Go through your employee handbook and any written communications about your leave request. Sometimes policies aren’t updated or aligned with the law, and spotting these inconsistencies can strengthen your case.
Organize Your Evidence
Gather emails, letters, medical certifications, timesheets—everything related to your leave request. Documentation is your best friend if you need to challenge the denial.
File an Internal Complaint
Before rushing to court, try working through your company’s HR department. File a formal complaint explaining your situation. Many cases get resolved at this step.
Contact the Department of Labor
If internal channels don’t help, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division, which investigates FMLA violations.
Consider Legal Action
When informal efforts don’t work, it might be time to call an employment attorney. A lawyer familiar with FMLA rights can help you negotiate a resolution or file a lawsuit if necessary.
What Remedies You Might Be Entitled To
If it turns out your employer unlawfully denied your FMLA leave, you could recover:
- Lost wages and benefits (back pay)
- Compensation for future lost wages (front pay) if you were fired
- Reinstatement to your former job or an equivalent role
- Legal fees and court costs
- Damages for emotional distress in some cases
- Policy changes at your employer’s company as part of a settlement
In California, where CFRA laws also apply, you might be eligible for even broader remedies.
California’s Extra Protections: More Than Just FMLA
California’s CFRA doesn’t just mimic the FMLA; in many cases, it expands protections. For instance:
- CFRA allows leave to care for more family members, like grandparents and siblings.
- Pregnant employees get additional protected leave through Pregnancy Disability Leave (PDL) laws.
- CFRA does not cover military exigency leave, but FMLA does.
Because of these subtle but important differences, California workers often have stronger leave rights than employees in other states.
Final Thoughts: Protecting Yourself at Work
No one plans to get sick, have a loved one fall ill, or face a sudden family emergency. But when life happens, you shouldn’t have to choose between your health and your job. California’s strong combination of FMLA, CFRA, and other protections means you have rights—and if those rights are denied, you have options.
By staying informed, keeping careful records, and acting quickly if something goes wrong, you can make sure that your job—and your future—remain secure no matter what challenges arise.
