California employment lawyers
California Leave of Absence Lawyers
Denied leave, or punished for taking it? CFRA protects employees at employers with just 5 employees.
Your Leave Rights Are Bigger in California Than Anywhere Else
Here is the single most useful fact. California’s CFRA applies to employers with just 5 or more employees, Government Code section 12945.2, while the federal FMLA requires 50 employees within 75 miles. Millions of Californians have state leave rights and no federal ones at all.
Job protected leave means the same or a comparable position is waiting for you when you return, with your health benefits continued during leave. We represent employees only, statewide, on contingency, so there is no fee unless we win.
The California Leave Laws That Protect Your Job
| Law | Employer size | Length | What it covers |
|---|---|---|---|
| CFRA (Gov. Code 12945.2) | 5+ | 12 workweeks per 12 months | Your own serious health condition, family care, new child bonding, military exigencies. Needs 12 months and 1,250 hours. |
| FMLA (29 USC 2601) | 50 within 75 miles | 12 weeks | Similar reasons, narrower family list, runs concurrently with CFRA when both apply. |
| PDL (Gov. Code 12945) | 5+ | Up to 4 months per pregnancy | Disability from pregnancy or childbirth. No tenure requirement. |
| Paid sick leave (Lab. Code 246) | All | 40 hours or 5 days minimum (SB 616) | You or a family member. Accrues 1 hour per 30 worked. Retaliation protected under Lab. Code 246.5. |
| Kin care (Lab. Code 233) | All, if extra sick leave offered | Half annual accrual | Family care. |
| Victim and court leave (AB 2499) | Varies | Varies | Jury duty, court appearances, and victims of qualifying violence. Now enforced by the CRD under FEHA, extended to employees whose family members are victims. |
On the family list: CFRA covers a spouse or domestic partner, a child of any age, a parent, parent in law, grandparent, grandchild, or sibling, plus one designated person per 12 months under AB 1041.
Money and job protection are separate things. Paid Family Leave through the EDD replaces 70 to 90% of your pay for up to 8 weeks under SB 951, and under AB 2123 your employer can no longer force you to burn two weeks of vacation first. But PFL pays money. It does not itself protect your job. CFRA does.
What Counts as an Illegal Leave Violation?
Denying leave you qualified for, discouraging you from applying, counting protected leave against attendance points, refusing reinstatement, cutting hours or pay on your return, or firing you within weeks of a leave request.
Blocking and burdening leave is interference. Punishing you for taking it is retaliation. The full treatment is on the CFRA and FMLA violations page.
Evidence that matters: leave request emails, HR portal screenshots, medical certifications, attendance records, the termination letter, and the dates lined up against the leave calendar.
Can I Be Fired While on Medical Leave in California?
Your employer can fire you for reasons unrelated to the leave, but a termination this close in time draws a court’s attention, and the employer must prove the decision would have happened anyway. Timing alone is not a guaranteed claim, but it is the pattern courts scrutinize.
On return, CFRA guarantees the same or a comparable position, and California removed the key employee exception in 2021, so even high earners get reinstatement rights. The FMLA key employee carve out still exists on the federal side.
What Is My Leave Case Worth?
Under California’s Fair Employment and Housing Act (FEHA), the state’s main workplace discrimination law, the recovery is lost wages and benefits, uncapped emotional distress damages, punitive damages against private employers, and attorney fees. Ranges are illustrative. See what decides case value.
Deadlines, Act Before the Clock Runs
CFRA and PDL claims run through FEHA: 3 years to file with the California Civil Rights Department (CRD, formerly the DFEH), the state agency that handles discrimination complaints, then 1 year from the right to sue letter to file in court.
FMLA runs 2 years from the violation, 3 if willful, with no agency filing required. A FEHA claim needs a CRD right to sue letter first.
What to Do Right Now
- Put every leave request and response in writing, and forward copies to a personal email.
- Save your medical certification and the date you submitted it.
- Screenshot attendance and points records before access disappears.
- Write down the dates: request, approval or denial, leave start, return date, adverse action.
- Do not resign, and do not sign anything from HR before a lawyer reads it.
- Pregnancy disability leave
Find Out Where You Stand
Three questions and a phone number. An attorney reads every one, and you hear back within one business day.
Frequently Asked Questions
Does My Small Employer Have to Give Me Leave?
Yes at 5 employees under CFRA, a far lower threshold than the 50 required by FMLA.
Do CFRA and FMLA Run at the Same Time?
When the reason qualifies under each, yes. But pregnancy disability leave and designated person leave do not overlap, which is how stacking happens.
Is My Job Guaranteed When I Come Back?
You are entitled to the same or a comparable position, meaning similar duties, pay, benefits, shift, and site. California abolished the key employee exception in 2021.
Does My Employer Pay Me During CFRA Leave?
The leave itself is unpaid, but PFL, sick leave, and state disability insurance can fill the gap. Wage replacement comes from the state; job protection comes from CFRA.
Can My Boss Ask for My Diagnosis?
No. A CFRA certification cannot demand a diagnosis. See CFRA and FMLA certification rules.
What If I Have Not Worked There a Year?
CFRA needs 12 months, but PDL and paid sick leave have no tenure requirement.
Can I Take Leave to Care for My Grandmother or a Close Friend?
Yes, through the expanded family list plus the AB 1041 designated person.
How Long Do I Have to Sue?
Generally 3 years to file with the CRD, then 1 year from the right to sue letter.
Employment Law Resources
- California Civil Rights Department, CFRA family and medical leave: calcivilrights.ca.gov
- Government Code section 12945.2, CFRA: leginfo
- U.S. Department of Labor, FMLA: dol.gov
- California EDD, Paid Family Leave under SB 951: edd.ca.gov
Tell Us What Happened
One business day for a response. You pay nothing unless we win.