What to Do If You Were Denied Medical Leave or Fired After Requesting FMLA in California

If you needed time off to care for a medical condition or a family member and your employer denied your leave or retaliated by firing you — you may have a strong case under California and federal law.

Both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide job-protected leave to eligible employees. Denying this leave or punishing an employee for requesting it is illegal.

Here’s what you need to know if your medical leave was denied or you were wrongfully terminated after requesting it.

1. Understanding FMLA and CFRA Protections

The FMLA is a federal law that provides up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. Similarly, the CFRA, a California-specific law, also guarantees eligible employees up to 12 weeks of unpaid leave for similar qualifying reasons.

Qualifying reasons include:

• A serious health condition that makes you unable to perform your job

• Caring for a spouse, child, or parent with a serious health condition

• Bonding with a new child (by birth, adoption, or foster care)

Both laws ensure that employees are restored to the same or an equivalent position upon returning from leave. They also prohibit employers from retaliating against workers who exercise these rights.

2. Who Qualifies for FMLA/CFRA?

To be eligible for FMLA or CFRA protections, employees must:

• Work for an employer with at least 50 employees within a 75-mile radius (this threshold was reduced to 5 employees under CFRA as of 2021)

• Have worked for the employer for at least 12 months

• Have worked 1,250 hours during the 12-month period prior to the leave

Employees at public agencies and schools often qualify regardless of the number of employees.

Importantly, the CFRA has broader protections than the FMLA. For example, CFRA covers care for domestic partners, siblings, and adult children — which the FMLA does not.

3. Signs of Illegal Retaliation or Denial

Denying a legally protected leave request or retaliating after one is made can take various forms, such as:

• Firing or demoting an employee after they request or take leave

• Denying the request without explanation or suggesting they aren’t “really” sick enough

• Changing job duties significantly after return

• Cutting hours or benefits after the request

• Negative performance reviews following protected leave

These actions, if linked to your leave request, may constitute retaliation or interference under state or federal law.

4. What to Do If Your Leave Was Denied or You Were Fired

Document Everything.

Keep a paper trail of all your leave-related communications. Save emails, notes from supervisors, medical certifications, and written responses to your request. If you had conversations in person or by phone, write down what was said and when.

Request a Written Explanation.

Ask your HR department or supervisor to provide a written reason for the denial or termination. Employers often reveal unlawful motivations when pressed for details.

Check Your Employer’s Leave Policy.

Even if you don’t qualify under FMLA or CFRA, your company may offer its own medical leave benefits. Failing to honor its internal policy could still expose the employer to legal claims for breach of contract or promissory estoppel.

File a Complaint.

If you suspect retaliation or wrongful denial of leave, you can file a complaint with either of these agencies:

• California Civil Rights Department (CRD) (formerly the DFEH) for CFRA violations

• U.S. Department of Labor (DOL) for FMLA violations

Both agencies will investigate the complaint and may attempt to resolve the issue through mediation or legal action.

Speak to an Employment Lawyer.

Given the complexity of these laws, and the short timelines for filing claims (generally within one year under CFRA or two years under FMLA), consulting with a California employment attorney is strongly recommended. Many offer free consultations and work on contingency, meaning they only get paid if you win.

5. Legal Remedies Available to You

If your rights were violated, you may be entitled to significant compensation, including:

• Back pay (lost wages from the time of denial or termination)

• Reinstatement to your former position or an equivalent role

• Compensatory damages for emotional distress

• Punitive damages if the employer acted with malice

• Attorneys’ fees and legal costs

Some employees may also qualify for reasonable accommodations or additional protections under the California Fair Employment and Housing Act (FEHA) if they suffer from a disability or chronic illness.

6. Additional Protections Under California Law

California offers broader protection than federal law. For example:

• Under CFRA, more family relationships qualify for leave

• Employers with as few as 5 employees must comply with CFRA

• FEHA requires reasonable accommodations even beyond CFRA/FMLA leave

• Paid Sick Leave Laws may also apply separately from FMLA/CFRA

California law generally favors employees and provides additional layers of protection not available under federal law.

Final Thought

Being denied medical leave or fired after requesting it can feel overwhelming — especially when you’re already coping with illness or family hardship. But California and federal laws are designed to protect you in these very situations. If your rights were violated, you don’t have to face it alone.

Gather your records, seek guidance, and take action quickly. The law is on your side — and the sooner you assert your rights, the stronger your case will be.