Denied Family or Medical Leave in California? Here’s What to Do Next

When you’re facing a serious health condition or need to care for a family member, the last thing you want to worry about is whether your employer will approve your family or medical leave request. Yet for many California employees, a denied FMLA (Family and Medical Leave Act) or CFRA (California Family Rights Act) request creates financial stress and forces impossible choices between health and employment.

If your employer has denied your family or medical leave request, you’re not alone and you have options. This guide explains your rights under California law and provides actionable steps to protect your job and your family.

Your Leave Rights in California

California employees enjoy some of the strongest family and medical leave protections in the nation. Two primary laws govern these rights:

Federal FMLA Protection

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. Under the FMLA, covered employers with 50 or more employees must grant leave for:

• The birth and care of a newborn child
• Adoption or foster care placement
• Caring for a spouse, child, or parent with a serious health condition
• Your own serious health condition that prevents you from performing essential job functions
• Qualifying exigencies related to a family member’s military deployment

California’s Enhanced CFRA Protection

The California Family Rights Act (CFRA) significantly expands upon federal protections. As of January 1, 2023, CFRA covers employers with just 5 or more employees, a dramatic expansion from the federal 50-employee threshold (Government Code Section 12945.2).

CFRA also provides broader family coverage, allowing leave to care for:

• Grandparents, grandchildren, and siblings
• Domestic partners and their children
• A “designated person” related by blood or with a family-like relationship

When Can an Employer Legally Deny FMLA in California?

While California law strongly protects employee leave rights, there are limited circumstances where an employer can legally deny a leave request:

1. Eligibility Requirements Not Met

Your employer may deny leave if you haven’t met the basic eligibility criteria:

• Tenure requirement: You must have worked for your employer for at least 12 months (not necessarily consecutive)
• Hours requirement: You must have worked at least 1,250 hours during the 12 months before leave
• Employer coverage: Your employer must have the minimum required number of employees (5 for CFRA, 50 for FMLA)

2. Insufficient Medical Documentation

Employers have the right to request medical certification for serious health conditions. Your leave may be denied if:

• You fail to provide requested medical certification within 15 days
• The certification doesn’t establish a “serious health condition” as defined by law
• The healthcare provider’s documentation is incomplete or unclear

3. Procedural Issues

Leave requests may be denied for failing to follow proper procedures:

• Not providing 30 days advance notice for foreseeable leave
• Failing to comply with the employer’s usual call-in procedures for unforeseeable leave
• Not making reasonable efforts to schedule planned medical treatment to minimize workplace disruption

4. Leave Entitlement Exhausted

If you’ve already used your 12 weeks of FMLA/CFRA leave within the 12-month period, your employer can legally deny additional leave requests under these laws.

Immediate Steps if Your Leave Is Denied

If your employer denies your FMLA or CFRA leave request, take these steps immediately:

1. Request the Denial in Writing

Ask your employer to provide written documentation of the denial, including specific reasons. Under federal regulations, employers must provide written notice of FMLA eligibility determinations.

2. Review Your Eligibility

Carefully review whether you meet all eligibility requirements:

• Calculate your actual hours worked in the past 12 months
• Verify your employment tenure
• Confirm your employer’s coverage under applicable laws

3. Address Any Deficiencies

If the denial was based on insufficient documentation:

• Contact your healthcare provider immediately
• Request additional or clarifying medical certification
• Submit any missing information within required timeframes

4. File an Internal Appeal

Many employers have grievance procedures for appealing leave denials. Submit a formal written appeal that:

• References specific provisions of FMLA/CFRA
• Addresses each reason given for denial
• Includes supporting documentation
• Requests reconsideration within a specific timeframe

Legal Options When Your Rights Are Violated

If your employer wrongfully denies your leave or retaliates against you for requesting it, California law provides several avenues for relief:

File a Complaint with Government Agencies

For CFRA violations:

• File with the California Civil Rights Department (CRD)
• Call 1-800-884-1684 or visit calcivilrights.ca.gov
• You have three years from the violation to file

For FMLA violations:

• File with the U.S. Department of Labor
• Call 1-866-487-2365
• You have two years from the violation (three years for willful violations)

Pursue Legal Action

You may file a civil lawsuit seeking:

• Reinstatement to your position
• Back pay and lost benefits
• Front pay if reinstatement isn’t feasible
• Liquidated damages equal to your actual losses
• Attorney’s fees and costs
• Injunctive relief to prevent future violations

Under Labor Code Section 1102.5, if your employer retaliates against you for asserting your leave rights, you may be entitled to additional penalties up to $10,000 per violation.

California’s Small Employer Mediation Program

For employers with 5-19 employees, the CRD offers a mediation program to resolve CFRA disputes before litigation. This free service can help reach mutually acceptable solutions without the time and expense of court proceedings.

Common Employer Mistakes That Lead to Wrongful Denials

Understanding these common violations can help you identify when your rights have been violated:

1. Misunderstanding California’s Expanded Coverage

Some employers still operate under outdated assumptions about CFRA, not realizing it now covers:

• Employers with as few as 5 employees
• Leave to care for grandparents, siblings, and “designated persons”
• Elimination of the 75-mile worksite radius requirement

2. Requiring Excessive Medical Documentation

While employers can request medical certification, they cannot:

• Demand your complete medical records
• Contact your healthcare provider without authorization
• Require second or third opinions at your expense (employer must pay)
• Request information beyond what’s necessary to establish the serious health condition

3. Interference with Leave Rights

Illegal interference includes:

• Discouraging you from taking leave
• Threatening job loss or demotion
• Counting CFRA leave against you in performance evaluations
• Retaliating against you for requesting or taking leave

4. Failure to Provide Required Notices

Employers must provide specific notices about your FMLA/CFRA rights, including:

• Eligibility notices within 5 business days of your request
• Rights and responsibilities notices
• Designation notices specifying whether leave counts against your entitlement

Protecting Your Job While Asserting Your Rights

Taking action against a wrongful leave denial requires careful strategy:

Document Everything

• Keep copies of all leave requests and employer responses
• Save emails, text messages, and written communications
• Document verbal conversations with dates, times, and witnesses
• Maintain records of your work hours and tenure

Know Your Reinstatement Rights

Both FMLA and CFRA guarantee reinstatement to the same or comparable position with:

• Equivalent pay and benefits
• Same shift and work location (when possible)
• Similar duties and responsibilities
• Protection of accrued seniority

Understand Benefit Continuation

During approved FMLA/CFRA leave:

• Your employer must maintain your health insurance coverage
• You remain eligible for bonuses and other benefits as if actively working
• Your employer cannot require you to reimburse benefit costs unless you don’t return to work

Alternative Options if Leave Is Denied

If your FMLA/CFRA request is legitimately denied, explore these alternatives:

State Disability Insurance (SDI)

While SDI doesn’t provide job protection, it offers wage replacement for:

• Your own non-work-related illness or injury
• Pregnancy and childbirth
• Up to 52 weeks of benefits

Paid Family Leave (PFL)

PFL provides up to 8 weeks of wage replacement for:

• Caring for seriously ill family members
• Bonding with new children
• Military deployment-related events

Reasonable Accommodation

If you have a disability, request reasonable accommodation under:

• Americans with Disabilities Act (ADA)
• California Fair Employment and Housing Act (FEHA)
• Government Code Section 12940

Company-Specific Leave Policies

Review your employee handbook for:

• Personal leave policies
• Extended medical leave options
• Sabbatical programs
• Other paid time off arrangements

When to Speak With an Employment Lawyer

Consider consulting an employment attorney if:

• Your employer denies leave despite meeting all eligibility requirements
• You face retaliation for requesting or taking leave
• Your employer fails to reinstate you after approved leave
• You receive discipline or termination related to leave requests
• Your employer refuses to engage in good faith discussions about your leave needs

An experienced employment attorney can:

• Evaluate the strength of your claim
• Negotiate with your employer
• File administrative complaints
• Represent you in litigation
• Maximize your potential recovery

Take Action to Protect Your Rights

Being denied family or medical leave when you need it most can feel overwhelming. But California law provides strong protections for employees, and employers who violate these rights face significant consequences.

Don’t let a wrongful denial force you to choose between your health and your job. If your employer has denied your FMLA or CFRA leave request, document the denial, understand your rights, and take prompt action to protect yourself.

At TONG LAW, we exclusively represent employees in employment law matters throughout California. Our attorneys understand family and medical leave laws and can help you navigate the appeals process, file necessary complaints, and pursue legal action when your rights are violated.

Time limits apply to all employment law claims. The sooner you act, the stronger your position. Contact us today for a consultation about your denied leave request.