San Diego Leave Rights & Retaliation Protections

Taking care of yourself and your family should never cost you your job. Life doesn’t pause for work. Illnesses happen. Families grow. Loved ones need care. California law recognizes that employees sometimes need time away from work, and it protects your right to take that time without fear of being fired, demoted, or punished. 

At The Gould Firm, we help San Diego employees understand and enforce their leave and retaliation protections under state and federal law. If your employer denied you medical leave, disciplined you for taking time off, or retaliated after your return, we’re here to help you stand up for your rights and secure the job protections and compensation you deserve. 

Understanding California’s Leave Laws 

California provides stronger and more comprehensive leave protections than federal law. Workers here benefit from multiple overlapping statutes that protect time off for medical, family, and personal reasons. 

Here’s a breakdown of the key laws every California employee should know: 

1. Family and Medical Leave Act (FMLA) 

The FMLA is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period to: 

• Recover from a serious health condition 
• Care for a spouse, child, or parent with a serious health condition 
• Bond with a new child through birth, adoption, or foster placement 

To qualify, the employer must have at least 50 employees within 75 miles, and the employee must have worked there for 12 months and 1,250 hours. 

2. California Family Rights Act (CFRA) 

The CFRA mirrors the FMLA but goes even further. It applies to employers with 5 or more employees (not 50), expands the definition of “family member,” and provides broader coverage for domestic partners, grandparents, grandchildren, siblings, and adult children. CFRA leave provides up to 12 weeks of job-protected leave for qualifying family and medical reasons, in addition to other available state benefits. 

3. Pregnancy Disability Leave (PDL) 

Under California’s Pregnancy Disability Leave law, employees disabled by pregnancy, childbirth, or related medical conditions may take up to four months of protected leave. Employees can take PDL in addition to CFRA leave for bonding, giving new parents extra protection that federal law does not offer. 

4. Paid Sick Leave 

All California employees, including part-time and temporary workers, are entitled to paid sick leave under the Healthy Workplaces, Healthy Families Act of 2014. You accrue at least one hour of paid sick leave for every 30 hours worked, and many cities, including San Diego, have even more generous local ordinances. 

5. Other Protected Leaves 

California law also provides specific leaves for: 

• Victims of domestic violence, sexual assault, or stalking 
• Military service members and their families 
• School-related activities for parents or guardians 

In nearly all cases, your employer cannot retaliate against you for exercising these rights. 

When Employers Retaliate for Taking Protected Leave 

Even with strong laws in place, many California employees face punishment after taking, or requesting, protected leave. Retaliation can be subtle or direct, and it often leaves workers uncertain about what is legal. At The Gould Firm, we frequently see San Diego employees experience retaliation, such as: 

1. Termination or Demotion After Leave 

An employee returns from CFRA or FMLA leave only to learn that their job has been “eliminated” or “filled.”
If your position is gone but others are performing the same duties, that’s likely illegal retaliation. 

2. Reduced Hours or Pay 

Employers sometimes cut an employee’s hours, pay, or benefits after they take protected leave; a tactic meant to discourage others from doing the same. California law forbids employers from penalizing workers for using their legal leave rights. 

3. Negative Performance Reviews 

We often see retaliatory evaluations that appear soon after an employee’s return from leave, citing vague performance issues that never existed before. Documentation can expose these as a pretext for discrimination or retaliation. 

4. Harassment or Hostile Treatment 

Sometimes retaliation takes the form of intimidation or ridicule from supervisors or coworkers. If you’re suddenly excluded from meetings, denied projects, or treated with hostility after returning from leave, you may have a valid retaliation claim. 

5. Denial of Future Leave Requests 

Employers may also retaliate by denying future time-off requests or creating stricter attendance policies targeting those who previously used leave. This pattern of punishment is illegal and actionable under both CFRA and Labor Code § 98.6. 

Steps to Enforce Your Leave Rights & Seek Legal Relief 

If you suspect your employer violated your leave rights or retaliated against you, here’s what you can do: 

• Gather Documentation: Save all communication with your employer, emails, texts, and letters about your leave. Keep copies of medical certifications, pay stubs, and any written discipline or evaluations issued after your leave. 
• Review Company Policies: Your employee handbook should describe the procedures for requesting leave and reporting retaliation.
  Employers are required to provide these policies and to post notices about CFRA and FMLA rights in the workplace. 
• Report the Retaliation: If you feel comfortable, report the retaliation in writing to HR or upper management. Doing so creates a record that can protect you later. If reporting internally isn’t safe, contact an attorney at The Gould Firm immediately. 
• File an Administrative Complaint: Before filing a lawsuit, you generally must file a claim with the California Civil Rights Department (CRD) (formerly DFEH), or the U.S. Department of Labor (for FMLA violations). These agencies can investigate and, if necessary, issue a Right to Sue letter, allowing your attorney to take your case to court. Our team will assist you with this. 
• Seek Legal Representation Early: California’s employment laws include strict filing deadlines, so it’s essential to act quickly. The Gould Firm helps employees file claims properly, meet all deadlines, and pursue compensation for lost wages, emotional distress, and penalties when employers break the law. 

How The Gould Firm Defends Leave-Related Claims 

At The Gould Firm, we know how stressful it can be when your job security is threatened simply because you need time to recover or care for family. Our San Diego attorneys take a strategic, compassionate, and results-oriented approach to enforcing California’s leave and retaliation protections. 

Thorough Investigation 

We start by analyzing your leave documentation, employment history, and any adverse actions taken against you. Our team identifies whether the employer violated FMLA, CFRA, PDL, or California Labor Code provisions, and calculates all back pay and damages owed. 

Protecting You From Ongoing Retaliation 

Once you contact our firm, we step in to communicate directly with your employer, stopping further retaliation and safeguarding your job while your claim is pending. 

Negotiation and Litigation Experience 

We resolve many cases through negotiation or mediation, but when employers refuse to take responsibility, our attorneys are ready to litigate. Our track record of settlements and trial verdicts speaks to our deep understanding of California employment law and our commitment to workers’ rights. 

Clear Communication & Confidential Counsel 

We keep our clients fully informed, explaining each step of the process in plain English. You’ll always know what’s happening and what to expect next. 

Take Action to Protect Your Job and Your Future 

If your employer punished you for taking medical, family, or pregnancy leave, or refused to honor your rights under California law, you don’t have to face it alone. The law is clear: you have the right to take care of yourself and your loved ones without fear of losing your job. Contact The Gould Firm today for a confidential consultation with an experienced San Diego leave rights and retaliation attorney. We’ll review your situation, explain your options, and fight to restore what you’ve lost.