What to Do If You Were Denied Medical Leave or Fired After Requesting FMLA in California
- JC Serrano | Founder - LRIS # 0128
- Jul 10, 2025
- 5 min read
Updated: Mar 28
If you needed time off to care for your own medical condition or a family member and your employer denied your request—or worse, responded by disciplining or firing you—you may have a strong legal claim under both California and federal labor laws. Situations like these are more common than many employees realize, and they often involve clear violations of job-protected leave rights.
Both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide eligible employees with protected time off while safeguarding their positions.
These laws are designed to ensure that workers can address serious health or family needs without risking their livelihood. When an employer denies valid leave, interferes with that right, or takes adverse action after a request is made, it may constitute unlawful interference or retaliation.
As we explain in our article, Wrongful Termination After Medical Leave in California: Know Your Rights, understanding how these protections work—and how violations typically occur—is critical when evaluating whether you have a viable claim.
These cases often turn on timing, documentation, and the employer’s stated reasons for its actions. A sudden termination after a leave request, inconsistent explanations, or negative treatment following protected activity can all signal potential legal violations.
Here’s what you need to know if your medical leave was denied or if you were wrongfully terminated after requesting or taking protected leave.
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.
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.
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.
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 deadlines for filing claims (generally within one year under the CFRA or two years under the FMLA), consulting with a California employment attorney is strongly recommended. Many offer free consultations and work on a contingency basis, meaning they only get paid if you win.
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.
Being denied medical leave or fired after requesting it can feel overwhelming—especially when you’re already dealing with a serious health issue or supporting a family member in need. But these are exactly the situations California and federal employment laws are designed to protect. When those protections are violated, you have the right to take action—and you don’t have to figure it out on your own.
The first step is to gather and preserve your records: leave requests, medical certifications, emails, text messages, performance reviews, and any communication with HR or supervisors.
These details often become the foundation of a strong case. Just as important is getting the right guidance early. Medical leave and retaliation claims can involve overlapping laws and strict deadlines, and understanding how they apply to your specific situation can make a meaningful difference in the outcome.
When seeking help, it’s important to connect with an attorney through an unbiased referral process—not advertising or paid placement—so your case is evaluated based on its merits. Working with a vetted California employment attorney ensures you receive objective guidance, a realistic assessment of your claim, and a strategy tailored to your circumstances.
Take action as soon as possible. The law is on your side, but timing matters. The sooner you assert your rights and get informed, the stronger your position will be moving forward.
Disclaimer
This fact sheet is intended to provide general and accurate information about employment-related legal rights in California. However, laws and procedures can change frequently and may be interpreted differently depending on the circumstances. 1000Attorneys.com does not guarantee that the information provided reflects the most current legal developments and is not responsible for how it is used. You should not rely solely on this content to make legal decisions. For guidance specific to your situation, consult a qualified attorney through a referral or contact the appropriate government agency.
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