What Is FMLA Interference in California? Understanding Your Rights as an Employee

FMLA interference happens when your employer blocks, discourages, or punishes you for using job-protected medical or family leave. If you asked for time off to treat a serious health condition or care for a family member, your employer may have interfered.

That can happen if it denied the request, miscounted your hours, or disciplined you after you returned. In those situations, you may have a real claim. California workers have stronger protections than federal law alone provides through the California Family Rights Act.

The employment lawyers at Shirazi Law Firm, P.C. represent employees only. A free consultation can help you find out whether what happened to you counts as interference under California law.

Key Takeaways

• FMLA interference does not require proof your employer meant to harm you, only that a leave right was denied, restrained, or discouraged.
• California’s CFRA covers employers with five or more employees, far below the FMLA’s 50-employee threshold.
• Federal FMLA claims generally must be filed within two years, or three years if the violation was willful.
• CFRA claims must be filed with the California Civil Rights Department within three years of the violation.
• Shirazi Law Firm, P.C. handles these cases on contingency, so pursuing a claim costs you nothing upfront.

What Counts as FMLA Interference Under California Law?

The federal FMLA makes it unlawful for an employer to interfere with, restrain, or deny your attempt to use leave you are entitled to under the FMLA’s interference provision. Federal regulations spell out what this looks like in practice.

That includes refusing to approve a qualifying request or talking you out of using leave. It also includes using your leave as a negative factor in hiring, promotion, or discipline decisions.

A manager who tells a Los Angeles area employee that taking leave will hurt their standing on the team has likely crossed this line, even without firing anyone.

How CFRA Expands These Protections in California

California’s version of this law, the California Family Rights Act, covers far more workplaces than the federal FMLA standard. Government Code section 12945.2 applies once an employer has five or more employees. As a result, many smaller Beverly Hills and Los Angeles businesses that fall outside FMLA still owe their workers protected leave.

CFRA interference can show up as any of the following:

• Counting a protected absence against an attendance policy
• Refusing to reinstate you to the same or a comparable position
• Demanding you check email or take calls during approved leave

Any one of these can support a claim, and a pattern of several makes the case stronger.

Why Intent Doesn’t Matter in an Interference Claim

Many employees assume they need to prove their employer acted out of malice. That is not how interference works. Both federal and state law treat a denial of your leave rights as a violation regardless of motive.

That means an employer who denies leave by mistake, through confused paperwork, or because a manager misunderstood eligibility rules has still interfered.

What You Can Recover and How Long You Have to Act

Before founding his own employee-side firm, attorney Emanuel Shirazi worked at firms that regularly defended employers, including Seyfarth Shaw.

That background gave him a close view of how companies build arguments against leave claims. Shirazi Law Firm, P.C. has recovered over $2.4 million in a case involving an employer’s failure to provide medical leave. Remedies can include lost wages, benefits, and reinstatement.

The deadline to act is strict: two years for most FMLA claims, three years if willful, and three years to file a CFRA complaint with the state.

Frequently Asked Questions

Does CFRA leave run at the same time as FMLA leave?

Yes, in most situations CFRA leave and FMLA leave run concurrently rather than stacking on top of each other, so a qualifying absence counts against both banks at once. Pregnancy disability leave is a notable exception, since it runs separately from CFRA leave under its own law.

Can I take protected leave to care for a grandparent in California?

Yes, CFRA covers a broader list of family members than the FMLA, including grandparents, grandchildren, siblings, and a designated person, who may or may not be a blood relative. The FMLA generally limits family care leave to a spouse, parent, or child.

Can my employer require me to work while I’m on leave?

Generally, no. Requiring you to answer calls, attend meetings, or complete assignments in a way that defeats the purpose of your leave can itself be a form of interference.

Shirazi Law Firm, P.C.: Your California FMLA and CFRA Interference Law Firm

Shirazi Law Firm, P.C. represents employees exclusively, and attorney Emanuel Shirazi personally handles every case rather than passing it off to junior staff. The firm covers case costs upfront on a contingency basis, so you won’t pay a bill unless there’s a recovery.

Because both the two-year FMLA deadline and the three-year CFRA filing window are strict, waiting to talk with someone can close off options you still have today. Contact our firm today to schedule a free consultation about your leave and your rights.