Denied Medical Leave in California? Know Your CFRA & FMLA Rights

Needing time off for a medical condition or to care for a loved one can be stressful enough on its own.

The last thing you should have to worry about is whether your job will still be there when you return.

That’s exactly why laws like the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA) exist — to protect employees during some of the most important and difficult moments in their lives.

But despite these protections, many employees are still denied leave, discouraged from taking time off, or penalized for doing so.

If your leave request was denied, delayed, or made more difficult than it should have been, it may not just be a workplace issue — it may be a legal violation.

Understanding your rights is the first step toward protecting yourself.

What Are CFRA and FMLA?

CFRA and FMLA are laws that provide eligible employees with job-protected, unpaid leave for specific situations.

While they are similar, they are not identical — and in California, they often work together to provide broader protection.

FMLA (Federal Law)

The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of unpaid leave for:

• A serious health condition
• Caring for a spouse, child, or parent with a serious health condition
• Bonding with a new child (birth, adoption, or foster care placement)

CFRA (California Law)

The California Family Rights Act provides similar protections, but in some cases goes further.

For example, CFRA:

• Covers a broader range of family members
• Applies to more employers
• Offers additional flexibility in certain situations

In many cases, employees are protected under both laws at the same time.

Who Is Eligible for Leave?

To qualify for CFRA or FMLA, employees generally must:

• Have worked for their employer for at least 12 months
• Have worked at least 1,250 hours in the past year
• Work for an employer that meets size requirements

While these criteria may seem straightforward, disputes often arise over whether an employee qualifies.

What Employers Are Required to Do

When an employee qualifies for protected leave, employers must:

• Allow the leave to be taken
• Maintain the employee’s job (or provide a comparable position)
• Continue certain benefits during the leave
• Avoid interfering with the employee’s rights

Employers cannot make the process unnecessarily difficult or discourage employees from taking leave.

The purpose of these laws is to allow employees to step away when necessary — without fear of losing their job.

Common Leave Violations

Even with clear legal requirements, violations still happen in many workplaces.

Some of the most common issues include:

• Denying valid leave requests
• Delaying approval without justification
• Requiring excessive documentation
• Discouraging employees from taking leave
• Failing to reinstate employees after leave
• Taking negative action against employees for requesting leave

These actions may not always be obvious at first — but they can have serious consequences.

Signs Your Leave Rights May Be Violated

You may want to take a closer look at your situation if:

• Your leave request was denied without a clear explanation
• You were discouraged from applying for leave
• Your job changed after requesting time off
• You were not returned to the same or similar position
• You experienced negative treatment after taking leave

These situations can indicate that your employer is not complying with the law.

The Role of Timing

Timing is often a key factor in leave violation cases.

If negative actions occur shortly after:

• Requesting leave
• Providing medical documentation
• Returning from leave

This timing may suggest a connection between your leave and your employer’s behavior.

The closer these events occur, the more important they may be.

What to Do If Your Leave Is Denied

If your employer denies your leave, it’s important to take a structured and thoughtful approach.

Rather than reacting immediately, focus on gathering information and documenting your situation.

You can start by:

• Keeping copies of your leave request and any supporting documentation
• Tracking communication with your employer
• Noting the reasons given for denial or delay
• Reviewing your company’s leave policies

This information can help clarify whether your rights may have been violated.

Why Documentation Matters

Leave cases often depend on clear timelines and communication.

Having detailed records can help you:

• Show when your request was made
• Demonstrate how your employer responded
• Identify patterns or inconsistencies

The more organized your documentation, the easier it is to understand what happened.

What If You Were Punished for Taking Leave?

In some cases, the issue is not the denial of leave — but what happens afterward.

If you experience:

• Termination
• Demotion
• Reduced responsibilities
• Negative performance reviews

after requesting or taking leave, this may be considered retaliation.

Employees have the right to take protected leave without facing consequences.

Why Acting Early Matters

Leave violations are subject to legal deadlines.

Taking action early allows you to:

• Preserve important records
• Clarify your eligibility
• Address issues before they escalate

Waiting too long can make it harder to evaluate your situation.

7,800,000

Class Action

900,000

Individual Plaintiff

4,400,000

Class Action

850,000

Individual Plaintiff

4,100,000

Class Action

725,000

Individual Plaintiff

3,600,000

Class Action

420,000

Individual Plaintiff

3,500,000

Class Action

355,000

Individual Plaintiff

3,450,000

Class Action

3,300,000

Class Action

2,870,000

Class Action

Taking the Next Step

If your leave request was denied or your job was affected after taking time off, it’s important to take that seriously.

What may seem like a workplace issue could actually be a violation of your rights.

At Bokhour Law Group, we work with employees across California to evaluate leave-related concerns and determine whether employers have failed to meet their legal obligations. We understand how these situations develop — and how to assess them carefully.

If your employer has made it difficult for you to take the time you need, we can help you understand your options and take the next step with confidence.