How to Prove FMLA Discrimination or Retaliation in the Workplace in California — 2025

Understanding how to prove FMLA discrimination or retaliation in the workplace in California is critical for employees who tried to request leave and were denied or faced negative, illegal consequences. It’s important to note that the Family and Medical Leave Act (FMLA) is a federal act, while California adheres to the California Family Rights Act (CFRA).

The CFRA functions very similarly to the FMLA but adds a wider spectrum of protections to California workers. If you suspect you or a loved one has been a victim of workplace discrimination or retaliation in regard to your CFRA request, Shirazi Law Firm, PC, can help represent you.

We have extensive experience working with clients throughout California in workplace cases and are determined to help stand up for employee rights.

California CFRA Protections and Employer Obligations

The CFRA allows qualifying California employees to take up to 12 weeks of unpaid, job-protected leave per year for specific medical or family-related reasons. This can include:

• Caring for your own serious health condition
• Caring for a seriously ill family member (including a spouse, domestic partner, child, grandparent, grandchild, sibling, or parent)
• Bonding with a new child after birth, adoption, or foster placement
• Certain military-related reasons

To qualify under CFRA, your employer must have five or more employees, you must have worked for your employer for 12 months or more, and you must have logged 1,250 hours of work in the previous year.

The CFRA helps protect employees working in smaller work environments, whereas the FMLA only protects employees at companies with 50 or more employees. FMLA also limits leave to take care of either a parent, child, or spouse.

Employers in California must stay in legal compliance with several strict requirements under the CFRA. They are required to:

• Provide written notice to new hires of their employee rights
• Respond to leave requests within five business days
• Approve qualifying leave or issue a detailed written denial
• Maintain the employee’s same group health insurance coverage during leave
• Reinstate the employee to the same or a comparable position after coming back from leave
• Refrain from retaliating against anyone who requests or takes CFRA leave

What to Do if Your CFRA Leave Was Denied

If you’re already dealing with a disruptive and destabilizing event in your life that requires a leave of absence from work, being denied that leave can feel all the more overwhelming. Learning what your next steps are is important to making sure your rights are protected.

The first step is to request a written explanation from your employer if one hasn’t already been provided. Clear documentation is essential. You should also verify that you meet all eligibility criteria, such as the minimum hours worked and the amount of time you’ve been employed. Be sure to review your employee handbook for any additional internal requirements or procedures.

If the denial was due to missing medical documents that detail the reason for your leave, you’ll need to work with your healthcare provider to provide the necessary documentation to your employer. Remember, you’re only required to provide relevant medical facts, not your entire health history.

Respond to the leave request denial in writing, resubmit any documents as needed, and reaffirm your rights under CFRA. Keep records of all correspondence with your employer. If needed, request a meeting with HR to discuss this further.

Signs of Retaliation or Discrimination

It can be hard to recognize signs of workplace retaliation or discrimination. Employers can use manipulation tactics to make the discrimination feel subtle so as to avoid legal consequences, making it hard for employees to tell if their rights are being violated. Especially for those working in an environment that calls itself a family or is incredibly friendly and welcoming, or for roles you’ve been at for decades, recognizing discrimination can be all the harder.

Remember, your place of work is a place of business first, and your employer is going to protect themselves first and could potentially use illegal tactics to force employee compliance or protect the interests of the business.

There are various ways that you could be experiencing discrimination or retaliation, such as if you overhear managers discussing your race or disability without you present, are sexually harassed or called names, are asked to provide your full medical records during a medical leave request, or are passed over for promotions or raises because of submitting a CFRA request.

These can all be emotionally devastating, and it can be hard to know what to do next. Human Resources Departments typically protect a company’s interests, not employees’ interests. Reaching out to an experienced attorney can help you understand if you have a solid legal case to pursue justice and make sure this behavior doesn’t happen to future employees.

To prove discrimination and retaliation in your workplace after submitting a CFRA request, you’ll need to collect and preserve any and all evidence that pertains to your case.

This will include proof such as names of witnesses who may have been present during the incident, written correspondence between you and your employer, such as text messages or emails, medical documentation, and any negative performance reviews. Timing is also key. If an employee is terminated or demoted shortly after returning from leave, it may suggest a retaliatory motive.

Then, speak to an employment attorney who can evaluate whether your rights under CFRA have been violated.

Preguntas frecuentes

Q: How Long Do I Have to File a Discrimination or Retaliation Claim in California?

A: Generally have three years from the date of the discriminatory act to file your complaint.
These deadlines are strict, and missing them could prevent you from seeking justice. It’s important to document key dates and consult an employment attorney early to protect your rights, as gathering evidence and starting a case can take time.

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

A: While CFRA is unpaid, employers can require employees to use accrued paid leave, such as vacation or sick time, during CFRA. However, this must be communicated to the employee clearly, and the employer’s policy should be consistent with state laws. It’s important to review your employee handbook and discuss options with HR before starting your CFRA leave.

Q: Can I Take CFRA Leave for Mental Health Conditions?

A: Yes, CFRA leave can be taken for serious health conditions, and that includes mental health issues as well. In 2023, 1,243,000 Californians reported having a serious mental illness. As long as the worker meets the requirements for a CFRA leave, like being with your current employer for 12 months and working 1,250 hours or more, you can request leave for your mental health.

Q: What Happens if My Employer Refuses to Reinstate Me After CFRA Leave?

A: There are only very few reasons why you can legally be rejected from reinstatement after a CFRA leave. One example is if there are company layoffs unrelated to your leave. However, this can be contested in a legal case. If your employer refuses to reinstate you after your CFRA leave, that is in direct violation of your employee rights. As long as you do not exceed 12 weeks of leave per calendar year, you must be reinstated.

If you believe your employer retaliated against you for using your CFRA leave, Shirazi Law Firm, PC, can help. We represent employees across California in employment claims and work to ensure their rights are protected under the law. Póngase en contacto con nosotros to discuss your case and your legal options.