What to Do if Your Employer Denied Your FMLA Request in Los Angeles? 2025

The California Family Rights Act (CFRA) is the state’s counterpart to the federal Family and Medical Leave Act (FMLA). If you’re wondering what to do if your employer denies your FMLA request in Los Angeles, understanding your rights is a key first step. You’re likely feeling stressed about the uncertainty of not only your employment situation but also your personal reasons for needing the leave.

The CFRA protects your legal rights to take unpaid, job-protected leaves for certain family and medical reasons. It covers a broader scope than FMLA, allowing California workers more rights. However, when an employer unlawfully denies this leave, it can completely disrupt your personal life and work stability.

Understanding the Specifics of the California Family Rights Act

The CFRA allows qualifying employees to take up to 12 weeks of unpaid leave during each calendar year. This leave can be because the employee needs to take care of themselves during a serious medical issue or family members with a medical issue that is serious, bond with their new child either after birth or after an adoption or foster placement, or because of certain military needs.

In order to qualify for CFRA, the employer must have at least five or more employees. Employees must have worked for the employer for 12 months or more and clocked 1,250 hours or more.

These are key differences from the federal FMLA, which only allows leave for family members that are either your spouse, child, or parent, whereas CFRA allows leave for most family members. FMLA also only applies to employers with 50 or more employees, making workers in small companies less protected.

According to California’s Civil Rights Department, there were 6,885 complaints filed in 2023 pertaining to CFRA leave. The first step to take when your employer denies your CFRA leave is to identify if it’s because you don’t meet the eligibility requirements or if the refusal is a violation of your rights.

Next Steps After Being Denied CFRA Leave

While giving your employer 30 days’ notice of CFRA leave is good practice, sometimes leave is unpredictable and can allow for a shorter timeline. Sometimes, your employer may misunderstand paperwork or miss important details in your request. Common mistakes may include:

• Your employer asks you for your full medical records instead of the limited records that pertain to your leave request, then denies your leave request when you refuse to give the full records.
• If your hours on payroll are miscalculated, such as with remote or overtime work, it may result in denying that you qualify for leave.

However, if your employer rejects you due to circumstances they deem to be suspicious, it can be vital for you to pursue legal counsel. For example, if a coworker in a similar situation gets approved for leave but your request was denied, or if your leave request got denied and you recently reported workplace harassment.

If your CFRA leave request is denied, there are specific next steps to follow to further protect your rights as a California employee.

First, you’ll want to request a detailed written explanation for the denial if one is not already provided. Having clear documentation during the duration of your case is key for proper legal action. Next, be sure that you meet eligibility requirements and have provided the proper medical documentation.

If your employer requires additional medical information, have your doctor provide that clarification. Request copies of all medical documentation.

Be sure to double-check the employee handbook regarding CFRA leave. You’ll then respond in writing to your employer’s denial with any updated documentation and reassert your rights in a professional manner. Get copies of all correspondence between you and your employer.

If needed, you can request an HR meeting to discuss the leave request further. If you still face denial, suspect discrimination, or think your rights are being violated, seek an experienced employee attorney next. Shirazi Law Firm, PC, has extensive Los Angeles experience in representing employees from illegal and unfair treatment in the workplace.

Employer Legal Obligations During and After CFRA Leave

Employers are legally required to fulfill several obligations under the California Family Rights Act:

• They must provide newly hired employees with written notice of their workplace rights.
• They must grant CFRA leave or provide a written explanation as to why the leave was not approved within five business days of the employee providing a reason for requesting the leave.
• When the employee comes back from leave, the employer must restore the employee’s original job or a job that is comparable with equivalent pay and benefits. They must also provide any reasonable accommodations, as needed. In 2023, there were 5,308 filed complaints from California workers who requested or used a disability-related accommodation.
• Employers must also continue the employee’s group health insurance coverage during leave with the same coverage as when they’re actively working.
• They cannot retaliate against employees for requesting or taking their CFRA leave.

If you are unsure whether your employer’s denial was lawful or not, it is critical to consult a knowledgeable employment attorney. Here at Shirazi Law Firm, PC, we can evaluate your case, help you gather necessary documentation, and, if necessary, file a complaint or pursue a legal claim on your behalf.

In 2023, 775 employment complaints were filed in Los Angeles County. Our goal is to protect your rights so you can focus on your health and family without worrying about losing your job or benefits.

FAQs

Q: What Documentation Is Required to Support a CFRA Leave Request?

A: When requesting CFRA leave, it’s important to include any information pertaining to the leave, such as medical records. You don’t need to give them any more information than that. For example, if you’re requesting leave to take care of a terminally ill family member, you don’t need to give information explaining why a different family member can’t care for them. It’s important to protect yourself, even if your workplace is friendly and welcoming.

Q: Can I Use CFRA Leave Intermittently or on a Reduced Schedule?

A: Yes, under CFRA, you can take leave intermittently or work a reduced schedule. Intermittent leave means taking leave in separate blocks of time rather than all 12 weeks at once. This option is often used for ongoing medical treatments. In this scenario, your doctor must clarify that intermittent leave is needed due to a serious health condition.

It’s important to communicate clearly with your employer about your schedule and provide appropriate medical documentation to avoid pushback regarding your leave.

Q: How Does CFRA Interact With Other Leave Laws Like FMLA or PDL?

A: CFRA leave often overlaps with other leave laws, such as the federal FMLA and California’s PDL. FMLA and CFRA are essentially the same thing, but CFRA covers a broader spectrum and provides more rights for California workers.

California workplaces will only use CFRA. PDL applies specifically to pregnancy-related conditions. However, you can stack each leave, providing four months off for PDL and then 12 weeks off for CFRA.

Q: Can My Employer Require Me to Use Paid Leave During My CFRA Absence?

A: CFRA is unpaid, but if you want to or your employer requires it, you may use your accrued vacation or sick time during CFRA. If you choose not to use your paid leave voluntarily and your employer has no policy requiring it, your CFRA leave can remain unpaid. It’s important to review your employer’s leave policies and discuss options with HR before starting your CFRA leave.

Being denied CFRA leave can be overwhelming, but you have distinct worker protections under California law. Your family, health, and livelihood deserve protection. If you or someone you know has been denied CFRA leave, don’t hesitate to contact Shirazi Law Firm, PC, for a confidential consultation. We will review your situation, explain your options, and help you take the next steps toward a resolution.