Can My Employer Deny My FMLA in California?
Have you been left wondering if your employer had the right to deny your Family Medical Leave Act (FMLA) benefits in California? In the Golden State, this question becomes a bit complicated due to the California Family Rights Act (CFRA), which works alongside FMLA to broaden eligibility for job protection during a period of up to 12 weeks of leave.
If you believe you have been wrongfully denied benefits related to either the FMLA or CFRA, attorney Gregory Thyberg in Sacramento, CA, can help.
How CRFA Helps with FMLA
The California Family Rights Act has made it possible for many workers who would not qualify for Family Leave Medical Act benefits to keep their jobs when health issues, new additions to the family, or military deployment create new demands on their time.
Thanks to the most recent changes in the CFRA, most workers can take up to 12 weeks of unpaid leave under these circumstances.
Do I Qualify for Leave?
As of January 1, 2023, workers in California can take advantage of job-protected leave if they meet the following requirements:
- You work for a government agency, or a private employer with five or more employees
- You face one of four scenarios:
1. You have a serious medical issue
2. Your spouse, domestic partner, or blood relative—including a cousin, aunt, or grandparent—is in need of care due to a serious medical issue. (Incapacitation due to pregnancy qualifies as a serious medical issue.)
3. You have a new child.
4. You need time to arrange child care, make legal or financial arrangements, or attend military ceremonies or briefings due to a family member being deployed.
- You have worked for a qualified employer for at least a year, and have worked at least 1,250 hours within that year.
If you fail to meet any of these requirements, it is possible that your employer has grounds to deny benefits provided under either act. If you are unsure whether you were wrongfully denied, you should book a free case review with employment law attorney Gregory Thyberg in Sacramento. During your no-obligation consultation, he can examine the details of your situation to determine if you have grounds for recourse.
What Do I Have to Prove?
A successful case against an employer who wrongfully denied your leave under FMLA or CFRA must prove:
- You met the qualifications of either FMLA or CFRA
- You spent your leave performing protected activity (i.e., caring for your family member, bonding with your new child, or tending to matters related to your family member’s deployment)
- An employment decision had an adverse effect on your life
- Your protected activity was directly related to the employment decision
Contact Our Law Office About Your Case
Although you may feel you have clearly suffered a violation of your rights, the truth is that it is not always easy to prove these points without legal representation. We invite you to reach out to our Sacramento law firm today to request your free case review. If you have a case, Mr. Thyberg can file your claim and fight for the compensation you deserve. You can reach us by phone at (916) 204-9173.