FMLA Violations by Employers in California

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The Family and Medical Leave Act, FMLA, is a key federal law that allows eligible employees to take time off for serious health or family-related reasons without losing their jobs.

In California, those protections are expanded by the California Family Rights Act, CFRA, which offers similar rights and, in some respects, broader coverage depending on the circumstances.

Even with these protections in place, many employees still encounter situations where leave is denied, discouraged, or followed by adverse action. These issues often overlap with everyday concerns employees have about using sick time, including questions addressed in our article “Can I get fired for calling in sick?” where the line between protected leave and unlawful retaliation becomes especially important.

This article breaks down how FMLA and CFRA protections work in practice, the most common ways employers violate these laws, and what steps you can take if your rights have been violated. It also explores real-world examples, notable settlements, and answers to frequently asked questions to help you better understand your options.

Overview of FMLA and CFRA

What is FMLA?

The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave within a 12-month period for specific family or medical reasons. These include:

• Birth or adoption of a child.

• Care for a seriously ill spouse, parent, or child.

• Recovery from a personal serious health condition.

• Care for a family member injured during military service.

Employees on FMLA leave are guaranteed job protection, meaning their employer must reinstate them to their previous position or an equivalent one upon return. This law applies to all public employers and private employers with 50 or more employees.

What is CFRA?

In California, the California Family Rights Act (CFRA) provides additional protections beyond the FMLA. The CFRA includes domestic partners and allows employees to take leave for a broader range of family members, including grandparents and siblings. CFRA also covers employers with 5 or more employees, significantly broadening its scope compared to the FMLA.

While FMLA and CFRA generally run concurrently, CFRA allows employees to take leave under more flexible terms, such as caring for a domestic partner or taking additional time off in certain circumstances.

Common FMLA Violations in California

Despite the legal safeguards, employers may sometimes fail to comply with FMLA or CFRA requirements, either due to ignorance or intent. Below are some common FMLA violations by employers in California:

1. Refusing or Delaying Leave

Employers cannot refuse or delay FMLA leave to eligible employees. Employers are required to act promptly upon receiving an FMLA leave request and may not impose unnecessary conditions that prevent the employee from taking time off.

Example: An employee submits an FMLA leave request to care for a newborn, but the employer delays approval by requiring excessive paperwork, forcing the employee to take unpaid leave without the protections of FMLA.

2. Failure to Reinstate

Upon return from FMLA leave, employees must be reinstated to their original position or an equivalent role with the same pay and benefits. Failing to do so violates the FMLA.

Example: A marketing director takes FMLA leave to recover from surgery. Upon her return, she is offered a lower-paying role that does not match her previous responsibilities, which is a direct violation of the law.

3. Retaliation

Employers are prohibited from retaliating against employees who take FMLA leave. Retaliation can take the form of demotions, pay reductions, negative performance reviews, or termination.

Example: After an employee takes FMLA leave to care for a sick parent, they are reassigned to a lower-level position without any justification related to their performance.

4. Demanding Excessive Documentation

Employers may request medical certification to support the need for FMLA leave, but they cannot demand excessive or irrelevant documentation. Such demands can amount to an FMLA violation.

Example: An employer requests detailed medical records that go beyond what is necessary to certify the employee’s condition, violating FMLA regulations.

5. Misclassification of Employees

Some employers attempt to avoid FMLA responsibilities by misclassifying employees as independent contractors or temporary workers, denying them the rights they are entitled to under the law.

Example: A company classifies a full-time worker as an independent contractor to deny them FMLA leave when they need to care for a newborn child.

Case Studies: Real-Life Examples of FMLA Violations

Case Study 1: Retaliation Following FMLA Leave

In one case, a California nurse took FMLA leave to care for her disabled child. Upon returning to work, she was given undesirable shifts and was eventually terminated under the pretext of poor performance. The nurse sued for FMLA retaliation, and the court ruled in her favor, awarding her significant damages for wrongful termination and discrimination.

Case Study 2: Failure to Reinstate

A California administrative assistant took FMLA leave after being diagnosed with a serious medical condition. Upon her return, she found that her position had been filled and that she had been placed in a lower-paying job. She sued her employer for failure to reinstate and received a substantial settlement, as the court found that the employer had violated the FMLA.

Case Study 3: Denied Leave for Misclassification

A software developer in California was denied FMLA leave to care for his child, as the employer had misclassified him as an independent contractor. The developer sued, and the court ruled that the company had deliberately misclassified him to avoid providing FMLA leave. He was awarded compensation for lost wages and emotional distress.

Notable Settlements Involving FMLA Violations

FMLA violations often lead to significant financial settlements in California. Below are five notable examples:

Settlement 1: $1.2 Million for Wrongful Termination

A California retail worker was terminated after requesting FMLA leave to care for a sick parent. The employer claimed the termination was for unrelated reasons, but the court found that the firing was in retaliation for the leave request. The worker received $1.2 million in damages.

Settlement 2: $800,000 for Retaliation

An employee at a manufacturing company in California was demoted after taking FMLA leave to recover from surgery. After filing a lawsuit for retaliation, the employee received an $800,000 settlement.

Settlement 3: $600,000 for Misclassification

A sales manager was denied FMLA leave because his employer claimed he was an independent contractor, despite working full-time hours for several years. After a lawsuit, the company settled for $600,000.

Settlement 4: $450,000 for Excessive Documentation Requests

In a case where an employer demanded unnecessary medical records as a condition for granting FMLA leave, the employee sued and settled for $450,000 after proving that the employer’s requests were excessive and violated the law.

Settlement 5: $900,000 for Discrimination and Retaliation

An employee at a healthcare company took FMLA leave to care for a sick child. Upon returning, she faced workplace discrimination and was eventually terminated. She filed a lawsuit and was awarded $900,000 for emotional distress and lost wages.

Legal Recourse for FMLA Violations in California

If you believe your employer has violated your FMLA or CFRA rights, there are several steps you can take to protect yourself:

1. Document Everything: Keep detailed records of your interactions with your employer regarding your FMLA request. This includes written correspondence, emails, and any verbal conversations related to your leave.

2. Report the Violation: File a complaint with the U.S. Department of Labor or the California Department of Fair Employment and Housing (DFEH). These agencies can investigate violations of the FMLA and the CFRA.

3. Consult with a Lawyer: Seek legal advice from a California employment lawyer who specializes in FMLA violations. They can help you understand your rights, build a case, and pursue legal action if necessary.

4. File a Lawsuit: If your rights have been violated, you may be entitled to compensation for lost wages, benefits, and emotional distress. An experienced attorney can help you file a lawsuit and seek damages.

FAQs About FMLA Violations in California

1. Can I Be Fired for Taking FMLA Leave?

No, FMLA protects your right to take leave for qualifying medical or family reasons. If you are terminated while on FMLA leave or shortly after, you may have grounds for a retaliation claim.

2. What Should I Do If My FMLA Request Is Denied?

If your FMLA request is denied, ask your employer for a written explanation. If you believe you are eligible, consider consulting with an employment lawyer to challenge the denial.

3. Can My Employer Demand Medical Records for FMLA Leave?

Employers can request certification from a healthcare provider, but they cannot demand access to detailed medical records. Excessive requests for documentation may constitute an FMLA violation.

4. How Long Do I Have to File an FMLA Complaint?

Employees typically have 2 years to file an FMLA lawsuit. However, in cases involving willful misconduct by the employer, the statute of limitations may extend to three years.

5. What Compensation Can I Receive for FMLA Violations?

Compensation for FMLA violations can include lost wages, reinstatement, damages for emotional distress, and attorney fees.

FMLA violations by employers in California can have significant consequences for employees. If you believe your rights under FMLA or CFRA have been violated, it’s essential to seek legal counsel and protect your interests.

Disclaimer

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