You Should Never Have to Choose Between Your Family and Your Job
Taking time away from work to care for yourself, recover from a medical condition, welcome a new child, or care for someone you love should not put your career at risk. Yet for many employees, asking for family or medical leave can feel frightening. You may worry that your employer will see you as less committed, pass you over for a promotion, reduce your hours, treat you differently, or find another reason to push you out. You may even be told that your position cannot be held while you are away. The good news is that you have rights that protect you from these actions.
The federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide job-protected leave to eligible employees for qualifying family and medical reasons. California also provides additional protections for employees experiencing pregnancy-related disabilities. Depending on the circumstances, these laws may protect your job, health benefits, and right to return to work after leave.
At Chami Law, we understand that dealing with your employer can feel overwhelming when you are already managing a serious health issue, pregnancy, or responsibility for someone you love. You should not have to fight your employer while trying to take care of yourself or your family. That is where we come in. We take the time to understand what happened, handle the legal process on your behalf, and stand by you throughout your case. If your rights were violated because you requested, took, or returned from protected leave, we are here to help you understand your options and pursue the justice you deserve.
What Is Family Leave Discrimination?
Family and medical leave laws are intended to let eligible employees take protected time away from work without being punished for doing so. An employer generally cannot discriminate or retaliate against an employee for exercising protected leave rights. Problems can arise when an employer treats an employee differently after learning they need leave, discourages the employee from taking leave, interferes with the employee’s leave, or takes negative employment action because the employee requested or used protected leave. For example, you may have concerns if your employer:
- Fires you after you request or take protected leave.
- Demotes you or reduces your responsibilities because you took leave.
- Cuts your hours or changes your schedule as punishment.
- Denies a promotion because you needed medical or family leave.
- Gives you significantly different or undesirable assignments after returning.
- Discourages you from taking leave you may be entitled to.
- Refuses to recognize qualifying leave.
- Counts protected leave against you under an attendance policy.
- Fails to restore you to the same or an appropriate equivalent position.
- Treats you differently because you need time away to care for yourself or a family member.
Sometimes discrimination is obvious. Other times, it is much more subtle. Your employer may never tell you that you are being punished for taking leave. Instead, you may notice that your treatment at work changes immediately after you request time off. The timing and circumstances can matter.
Understanding Your FMLA Rights
The Family and Medical Leave Act is a federal law that gives eligible employees up to 12 weeks of job-protected leave within 12 months for qualifying family and medical reasons. FMLA leave can apply when an employee has a serious health condition, needs to care for certain family members with serious health conditions, or needs leave for the birth, adoption, or foster placement of a child. Qualifying situations can include serious medical conditions such as cancer, diabetes, epilepsy, or other conditions requiring ongoing treatment. Leave may also be available for hospitalization, continuing medical treatment, or caring for a qualifying family member with a serious health condition.
FMLA eligibility generally requires that you have worked for your employer for at least 12 months, worked at least 1,250 hours during the previous 12 months, and work at a location where the employer has at least 50 employees within 75 miles. Certain special rules apply to particular employees and situations. FMLA leave does not necessarily have to be taken all at once. In qualifying circumstances, employees may be able to use leave intermittently or on a reduced schedule.
If you qualify for FMLA leave, the law generally protects your position while you are away and requires continuation of group health benefits under the same conditions as if you had continued working. When you return, you generally must be restored to the same or a virtually identical position.
California Family Rights Act (CFRA)
California provides additional protections through the California Family Rights Act (CFRA). For eligible employees, CFRA generally provides up to 12 weeks of job-protected leave within 12 months for qualifying reasons, including an employee’s own serious health condition, caring for certain family members with serious health conditions, and bonding with a new child after birth, adoption, or foster placement. CFRA generally applies to employers with five or more employees. Employees generally must have worked for their employer for at least 12 months and have at least 1,250 hours of service during the preceding 12 months.
California’s protections can be broader than the federal FMLA in important ways. For example, CFRA allows eligible employees to take leave to care for a broader range of family members, including a spouse, domestic partner, child, parent, grandparent, grandchild, sibling, or a designated person in qualifying circumstances. You may also take CFRA leave intermittently or on a reduced schedule when circumstances qualify.
Because FMLA and CFRA have different requirements and protections, determining which laws apply to your situation can be complicated, but you do not have to figure that out alone.
Pregnancy Disability Leave in California
Pregnancy can involve its own set of workplace protections. California’s Pregnancy Disability Leave (PDL) law provides job-protected leave when an employee is disabled by pregnancy, childbirth, or a related medical condition. Employees of covered employers may be entitled to up to four months of PDL, depending on the employee’s period of actual disability. PDL has no minimum length of employment or minimum number of hours worked to qualify. Pregnancy-related conditions that may require leave can include prenatal care, severe morning sickness, medically necessary bed rest, childbirth, recovery from childbirth, and other pregnancy-related medical conditions.
Importantly, pregnancy disability leave and CFRA bonding leave are separate protections. An employee who qualifies may be able to take pregnancy disability leave and then take CFRA leave to bond with a new child.
California law may also provide reasonable accommodation for pregnancy-related limitations. Depending on the circumstances, an accommodation could include modified duties, a transfer to a less strenuous or hazardous position, or other changes recommended by a health care provider.
What If Your Employer Punishes You for Taking Leave?
Taking protected leave should not cost you your job or your career. Unfortunately, retaliation doesn’t always look like immediate termination. You may return from leave and suddenly find that your responsibilities have changed, your hours have been reduced, your supervisor is treating you differently, or you are being subjected to unusual scrutiny. You may also notice that opportunities you previously received are suddenly no longer available. If something changed after you requested or took protected leave, do not automatically assume it is a coincidence. The timing, circumstances, and treatment you experienced may be important. At Chami Law, we take the time to listen to what happened. We can help evaluate your employment history, leave requests, communications with your employer, performance reviews, disciplinary records, and other information that may help determine whether your employer violated your rights.
You Shouldn't Have to Feel Guilty for Taking Protected Leave
One of the hardest parts of a family or medical leave dispute is that employees often feel like they are asking for too much. You may worry about leaving your coworkers with additional work. You may feel guilty about taking time away from your job. You may be concerned that your employer will think you are unreliable or no longer committed to your career. But needing time to care for yourself or your family does not make you a bad employee. You should not have to sacrifice your health, your family, or your legal rights to keep your job. If your employer made you feel punished, pressured, or pushed out because you needed protected leave, it is worth understanding what the law may allow you to do.
Talk to Chami Law About Your Rights
If you were denied family or medical leave, treated differently after requesting leave, disciplined for taking protected time off, or pushed out of your job after returning from leave, you may have legal options.
These situations can be deeply personal. You may already be dealing with a serious health condition, a pregnancy, a new child, or the needs of someone you love. The last thing you should have to worry about is whether asking for legally protected leave will cost you your career. At Chami Law, we stand by employees who believe their employers have crossed the line. We offer free, confidential consultations so you can talk through what happened, understand your rights, and learn what options may be available.
