Understanding FMLA Rights

When you or a loved one faces a serious medical condition, you should be able to take time off without fear of losing your job. That is precisely what the Family and Medical Leave Act (FMLA) was designed to protect. However, many employees are uncertain of their rights or worry their employer will retaliate. At The Gould Firm, we believe every worker should know and defend their rights. We want to help you understand when leave is protected, how to request it, and what you can do if your rights are violated. 

For California employees, the landscape is more complex. You are covered not only by federal FMLA laws, but also by the California Family Rights Act (CFRA). These two laws overlap in many respects, but they also differ in meaningful ways. We want to help you understand which protections apply in your situation and when your employer must respect your leave. Attorney Evan Gould and our team have helped numerous employees assert their rights to take leave under FMLA and CFRA.  

The unfortunate reality is that some employers exploit workers' lack of knowledge about their legal protections, using this confusion to deny or punish employees who request or take protected leave. This can include wrongful termination, retaliation, or unfair treatment. At The Gould Firm, we make sure you fully understand your leave rights and won’t let employers take advantage of your lack of knowledge. We fight to protect your job and secure the benefits you are entitled to under the law. 

What Is FMLA, and What Does It Protect? 

The Family and Medical Leave Act is a federal law that gives eligible employees the right to take job‑protected, unpaid leave for specific qualifying medical and family reasons. Key features include: 

You can take up to 12 workweeks of leave in 12 months (in most cases) for covered reasons. 

During leave, your group's health insurance coverage must continue under the same terms. 

After leaving, you generally have the right to return to the same or an equivalent position. 

Employers are prohibited from retaliating or interfering with your FMLA rights. 

Qualifying reasons under FMLA often include:  

• A serious health condition that makes you unable to perform essential job functions. 
• Caring for a child, spouse, or parent with a serious health condition. 
• Birth and care of your newborn child. 
• Placement of a child for adoption or foster care, and care of the child. 
• Qualifying exigency leave related to military service (for spouse, parent, or child in military). 

Eligibility criteria for FMLA: 

• You must have worked for your employer for at least 12 months (not necessarily consecutively). 
• You must have worked at least 1,250 hours over the prior 12 months. 
• Your employer must have 50 or more employees within 75 miles. 

If your employer meets those thresholds and you qualify, FMLA leave is your right. 

What is CFRA, and What Does it Protect? 

The California Family Rights Act (CFRA) is a state law similar to FMLA. It also provides up to 12 weeks of unpaid, job-protected leave in 12 months for qualifying family or medical reasons. Like FMLA, it requires continued health insurance during leave and ensures your right to return to the same or a comparable position afterward. 

Key distinctions of CFRA include that: 

• It applies to employers with five or more employees in California. 
• It offers broader family coverage and separate protections for pregnancy-related leave. 
• You are protected from being fired, demoted, or retaliated against for using CFRA leave. 

How FMLA and CFRA Interact in California 

In California, you are often covered under both FMLA and CFRA. While these laws overlap, there are some significant differences: 

Employer Coverage: 

• CFRA applies to employers with five or more employees in California. 
• FMLA applies only to employers with 50 or more employees within a 75-mile radius. 

Family Members Covered: 

• CFRA allows leave to care for a broader range of family members, including domestic partners, grandparents, grandchildren, and siblings. 
• FMLA is more limited and does not always include these extended family members. 

Pregnancy-Related Leave: 

• Under FMLA, pregnancy-related leave is covered. 
• Under CFRA, pregnancy disability is covered separately under California’s Pregnancy Disability Leave (PDL), and then CFRA leave may begin after PDL ends for bonding time. 

Military Leave: 

• FMLA includes provisions for military caregiver and exigency leave. 
• CFRA does not currently cover military-related leave. 

In many cases, CFRA and FMLA leave can run concurrently, but in others, they may provide separate, additional protections. It’s important to know which laws apply to you, especially if you're unsure about your employer’s obligations. If you are unsure or would like further clarification, schedule a consultation with our team today. We are happy to answer questions surrounding your case. 

How to Request FMLA / CFRA Leave 

Requesting leave under the FMLA or CFRA involves following specific steps to ensure your rights are protected and your time off is adequately documented. Whether you're preparing for a planned medical procedure, bonding with a new child, or responding to a family emergency, it's essential to understand your responsibilities in the process. This section outlines what you need to do to request leave, what to expect from your employer, and how to avoid common issues that could delay or complicate your request. 

How to Request Leave 

• Provide notice: If your need for leave is foreseeable (such as a scheduled surgery or planned medical treatment), you should give at least 30 days’ advance notice. If the need is unforeseeable (such as a medical emergency), notify your employer as soon as practicable. It is essential to use your employer’s standard procedures (such as submitting an HR form or written request). If no formal process exists, you may provide notice in writing or verbally. At The Gould Firm, we always recommend a written request for documentation purposes. 
• Provide sufficient information: You don’t need to mention “FMLA” or “CFRA” specifically, but you must clearly communicate that the leave is for a qualifying reason, such as a serious health condition, caring for a family member, or another protected purpose. 
• Cooperate with employer requests: Your employer may require medical certification (e.g., a doctor’s note) to verify the need for leave. You may also be asked to provide periodic updates on your status and intent to return to work. 
• Designation by employer: After receiving your request, your employer must inform you whether your leave qualifies under FMLA or CFRA, and how much of your available leave it will use. 

Employer Obligations to Comply 

Once you give proper notice: 

• Your employer must grant leave if you meet eligibility and the reason qualifies. 
• They must maintain your health insurance under the same terms. 
• They must restore you to your same or equivalent position upon return. 
• They must avoid interfering with, restraining, or denying your rights under FMLA/CFRA. 
• They may not retaliate against you for taking leave or seeking it. 

Your rights are enforceable under federal and state law, and you may sue if your employer violates these obligations. 

Common Violations of FMLA / CFRA Rights 

Even though FMLA and CFRA protections are explicit, many employers violate them, intentionally or through ignorance. Here are common violations we see in our practice: 

Delay or Refusal to Approve Leave 

Some employers unlawfully delay or deny leave requests by citing paperwork issues or refusing to recognize valid reasons. If you're eligible and meet the requirements, this violates your right to protected leave. The Gould Firm steps in to hold employers accountable and enforce your right to take the leave you’re entitled to. 

Failure to Maintain Health Insurance Benefits 

Employers may try to cancel your health coverage, raise your premiums, or reduce benefits during your leave. This is a violation of the law, which requires your health benefits to continue under the same terms. We take legal action to restore your benefits and recover any losses you suffered as a result. 

Failure to Reinstate You After Leave 

After returning from leave, some employees face demotion, pay cuts, or reassignment to less favorable roles. This undermines your legal right to be reinstated to the same or an equivalent position. We fight to get your job back or compensation if your employer refuses to comply. 

Interference or Intimidation 

Employers sometimes try to discourage employees from taking leave by creating obstacles, making threats, or spreading misinformation. These tactics are not only unethical, they’re illegal. We intervene to stop the interference and protect your right to take time off without fear. We do not tolerate these pressures on you. You have rights, and you are allowed to act on them. 

Retaliation After Leave 

If you've been fired, demoted, disciplined, or harassed after requesting or taking leave, you're likely facing unlawful retaliation. Our firm aggressively pursues justice in these cases, including compensation for lost wages, emotional distress, and other damages. 

Misclassification or Denial of Eligibility 

Some employers try to avoid compliance by misclassifying workers as independent contractors or claiming you don’t qualify, even when you do. We challenge these tactics and fight to ensure your rights are recognized and enforced. 

If you believe your employer has violated your FMLA or CFRA rights, The Gould Firm is here to help you take action and protect what the law guarantees you. 

What to Do If Your Rights Have Been Violated   

At The Gould Firm, we believe in empowering you with knowledge and standing by your side when your rights are threatened. If your employer has denied, delayed, or interfered with your protected leave, or if you suspect something isn’t right, it’s essential to act quickly and strategically. Here’s what you should do, and how we can help every step of the way. 

1. Document Everything 

Keeping detailed records is essential. Note the date, time, and method you used to request leave, as well as any responses from your employer. Save all related documents such as medical certifications, doctor’s notes, emails, letters, and any communications with HR or management. Also, carefully track any changes to your job status, pay, assignments, or benefits both during and after your leave. This documentation will be critical if you need to prove your case later.  

2. Request a Written Explanation 

If your leave is denied or your position is altered upon your return, ask your employer for a written explanation. Requesting this in writing helps clarify their reasons and creates a vital paper trail. A clear, documented explanation can make it easier to challenge improper decisions. If you are unsure how to go about this, reach out to our team. We can help assist you in this. 

3. Note Key Dates and Events 

Maintain a detailed timeline of all relevant events: when you requested leave, when your employer responded, when any benefits changed, or when you experienced any retaliation or interference. Precise dates and events strengthen your case by showing a clear sequence of actions and responses. 

4. Don’t Miss Legal Deadlines 

There are strict deadlines for filing administrative complaints or lawsuits related to FMLA and CFRA violations. Missing these deadlines can forfeit your right to legal recourse, so it’s crucial to act promptly and seek legal advice early. Our team manages these deadlines once we take on your case and will help ensure everything is properly filed on time. Don't guess on your deadlines; contact us today if you are unsure or need help determining them. 

5. Contact The Gould Firm 

If you believe your rights under FMLA or CFRA have been violated, or if you suspect your employer isn’t honoring your protected leave, it’s essential to act quickly and confidently. Our team will begin by carefully reviewing your employment records, leave requests, and all communications to understand your situation thoroughly and determine if your rights have been infringed. 

From there, we handle every step of the process, including sending demand letters to notify your employer of the violation, filing claims with regulatory agencies when necessary, and negotiating for fair settlements that may include reinstatement, back pay, or other damages. If negotiations fail, we are fully prepared to litigate your case, representing you in court with evidence, expert testimony, and aggressive advocacy to enforce your rights. 

You don’t have to face this fight alone. Our experienced team manages all legal strategy, paperwork, deadlines, and negotiations, so you can focus on your health and family while we protect your job and benefits.  

Ready to Protect Your Rights? Reach Out Today 

No matter the complexity of your situation, The Gould Firm stands ready to provide expert guidance and strong advocacy. Protecting your rights under FMLA and CFRA is not just about legal compliance, but it’s about ensuring your peace of mind and security during challenging times. Don’t hesitate to reach out and take the first step toward holding your employer accountable and securing the protections you deserve. Your future and well-being are worth fighting for.