California employees have the right to take job-protected leave for serious health conditions, to bond with a new child, or to care for a family member with a serious health condition. The California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) provide the legal framework for protected leave. If your employer has denied your leave, retaliated against you for taking leave, or terminated you during or after leave, you have legal rights.
CFRA applies to employers with five or more employees and provides up to 12 weeks of unpaid, job-protected leave. Covered family members include the employee's spouse, registered domestic partner, child, parent, parent-in-law, grandparent, grandchild, sibling, or designated person. CFRA leave runs concurrently with FMLA when both apply.
The federal FMLA applies to employers with 50 or more employees within a 75-mile radius. Eligible employees must have worked at least 1,250 hours in the previous 12 months. FMLA provides 12 weeks of unpaid leave for serious health conditions, bonding with a new child, and caring for a spouse, child, or parent with a serious health condition.
Even when CFRA or FMLA leave is exhausted, leave may be required as a reasonable accommodation under FEHA for disability-related conditions. California law may require employers to provide additional leave beyond the 12-week entitlement as a reasonable accommodation unless doing so would cause an undue hardship.
The California Family Rights Act (CFRA) and the federal FMLA provide eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons. These include the employee's own serious health condition, bonding with a new child (by birth, adoption, or foster care), and caring for a family member with a serious health condition. CFRA is broader than FMLA, covering employers with as few as 5 employees (versus 50 under FMLA) and a broader definition of family members.
Generally, no. Both CFRA and FMLA provide job-protected leave, meaning you are entitled to be reinstated to the same or an equivalent position upon return. However, an employer may still terminate an employee on leave if the termination is unrelated to the leave — for example, a company-wide layoff that would have occurred regardless.
While FMLA requires 12 months of employment, CFRA may apply after less time depending on the circumstances. Additionally, pregnancy disability leave (PDL) has no minimum service requirement. Even without qualifying for CFRA or FMLA, leave may be required as a reasonable accommodation under FEHA. Do not accept a denial without consulting an attorney.
Yes. CFRA allows for intermittent leave or a reduced work schedule when medically necessary. This is particularly common for ongoing treatment such as chemotherapy, physical therapy, or for chronic conditions that flare up periodically. Your employer must accommodate intermittent leave requests when supported by medical certification.
Our firm understands the complex interaction between CFRA, FMLA, PDL, and FEHA leave provisions. We have successfully represented employees whose leave rights were violated — whether through outright denial, retaliation during leave, or failure to reinstate after leave. We help clients navigate the certification process, respond to employer challenges, and enforce their right to protected leave.
We work on a contingency fee basis, meaning you don't pay us unless we win your case.
We have a proven record of securing substantial compensation for our clients.
Taking medical leave or caring for family should not cost you your job. If your employer denied your leave, retaliated against you for taking leave, or terminated you during or after leave, contact The Azizi Firm for a free consultation. We handle these cases on a contingency fee basis — no fees unless we recover for you.
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