Leave Violations (CFRA & FMLA)

Employees in California have the right to take protected medical and family leave without fear of losing their job or facing retaliation. Laws such as the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) provide eligible employees with job-protected leave for serious health conditions, caring for a family member, bonding with a new child, and other qualifying reasons.

At Bokhour Law Group, PC, we represent employees whose rights under CFRA and FMLA have been violated. Leave violations can take many forms, from clear denials of leave to more subtle interference that discourages employees from exercising their rights. These situations often arise during some of the most vulnerable moments in a person’s life, making it especially important that employers follow the law.

CFRA and FMLA generally entitle eligible employees to up to 12 weeks of unpaid, job-protected leave within a 12-month period. During this time, employers must maintain group health benefits and, upon return, reinstate the employee to the same or a comparable position with equivalent pay, benefits, and working conditions. These protections are designed to ensure that employees can take necessary time off without jeopardizing their careers.

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

However, employers do not always comply with these obligations. In some cases, they may misclassify employees as ineligible, fail to provide required notices, or create obstacles that make it difficult to take leave. In other cases, employees may face retaliation after requesting or returning from protected leave.

Common examples of leave violations include:

• Denying a valid request for medical or family leave
• Interfering with, delaying, or discouraging the use of protected leave
• Misrepresenting employee eligibility or failing to provide proper notice of rights
• Terminating, demoting, or disciplining an employee for requesting or taking leave
• Retaliating against an employee after they return from leave
• Refusing to reinstate an employee to the same or a comparable position
• Using protected leave as a negative factor in employment decisions

Employers also have additional responsibilities when leave overlaps with a serious health condition or disability. This may include engaging in an interactive process and considering reasonable accommodations under applicable laws. Failure to meet these obligations can expose employers to significant liability.

Employees who experience violations of CFRA or FMLA may be entitled to compensation for lost wages, lost benefits, and emotional distress. Additional remedies may include reinstatement, penalties, attorney’s fees, and injunctive relief to correct unlawful workplace practices.

Taking legal action not only helps you recover what you have lost, but also reinforces important workplace protections for others. Bokhour Law Group, PC has extensive experience handling leave violation claims throughout California and is dedicated to helping employees protect their rights and navigate these complex legal issues.

If you believe your employer has denied your right to protected leave, interfered with your ability to take time off, or retaliated against you, we are here to help you understand your options and pursue the justice you deserve.