What Can I Do If My California Employer Is Retaliating Against Me for Taking FMLA Leave?

January 21, 2025

The Family and Medical Leave Act (FMLA) and California’s California Family Rights Act (CFRA) provide critical protections for employees who need to take time off for medical or family reasons. These laws ensure that eligible employees can take up to 12 weeks of unpaid, job-protected leave without fear of losing their job or facing retaliation.

However, some employers violate these protections, retaliating against employees for exercising their rights. If you believe your employer is retaliating against you for taking FMLA or CFRA leave, Abramson Labor Group is here to help you understand your options and fight for your rights.

Understanding Retaliation for FMLA or CFRA Leave

What Constitutes Retaliation?

Retaliation occurs when an employer takes adverse actions against an employee for exercising their legal rights. In the context of FMLA or CFRA leave, this might include:

• Demoting you after returning from leave.
• Reducing your pay or hours.
• Assigning you undesirable tasks or shifts.
• Firing you or forcing you to resign.
• Harassing or creating a hostile work environment.

These actions are illegal under both federal and California law.

Your Rights Under FMLA and CFRA

1. Job Protection

You are entitled to return to your previous position or an equivalent one after your leave ends. This means your pay, benefits, and responsibilities must remain the same.

2. Continuation of Benefits

Your employer must continue your health insurance benefits during your leave under the same terms as if you were actively working.

3. Freedom from Retaliation

Employers cannot retaliate against you for requesting or taking FMLA or CFRA leave. Retaliation includes both overt actions like termination and subtle ones like unwarranted negative performance reviews.

What to Do If You Experience Retaliation

If you believe your employer is retaliating against you, it’s important to act quickly and strategically.

1. Document Everything

Maintain detailed records of:

• Dates and details of your FMLA or CFRA leave request and approval.
• Adverse actions taken against you, such as demotions, pay cuts, or negative feedback.
• Relevant communications, including emails, memos, and performance reviews.
• Witness accounts or coworker statements about the retaliation.

2. File a Complaint with Your Employer

Use your company’s internal grievance process or report the retaliation to your HR department. Filing a formal complaint creates a record of your concerns and gives your employer an opportunity to address the issue.

3. . Consult an Employment Attorney

Navigating retaliation cases can be complex, especially if your employer denies wrongdoing. At Abramson Labor Group, we’ll evaluate your case, help you gather evidence, and represent you in negotiations or litigation.

How to Prove Retaliation

To prove retaliation, you must demonstrate:

1. Protected Activity
   You exercised a legal right, such as taking FMLA or CFRA leave.
2. Adverse Action
   Your employer took a negative action against you, such as firing you or reducing your pay.
3. Causal Connection
   The adverse action was directly related to your use of FMLA or CFRA leave. Evidence like timing (e.g., the adverse action occurred soon after your leave) can strengthen your case.

Damages You May Recover

If your claim is successful, you may be entitled to:

• Lost Wages: Compensation for back pay and front pay if you were terminated or demoted.
• Emotional Distress: Damages for the stress and anxiety caused by the retaliation.
• Punitive Damages: Additional damages to punish egregious employer misconduct.
• Reinstatement: Returning to your original position or an equivalent role.