Masjedian Law Firm · Employment
Leave Violations
Taking protected leave to heal, bond, or care for family is a legal right — not a favor. Punishing it is one of the most provable violations in employment law.
Taking protected leave to heal, bond, or care for family is a legal right — not a favor. Punishing it is one of the most provable violations in employment law.
California gives employees some of the strongest leave protections in the country — and employers violate them constantly: the “layoff” that lands mid-leave, the return to a diminished role, the manager who punishes intermittent leave for a chronic condition, the pregnancy accommodated with a pink slip.
The leave framework. The California Family Rights Act (CFRA) provides eligible employees of companies with five or more employees up to 12 weeks of job-protected leave for their own serious health condition, to care for a family member (broadly defined — including parents-in-law, grandparents, siblings, and a designated person), or to bond with a new child. Pregnancy Disability Leave (PDL) adds up to four months for pregnancy-related disability on top of CFRA bonding leave. Federal FMLA runs alongside for larger employers, and paid sick leave and kin care add further protection.
What protection means. Reinstatement to the same or a comparable position, continuation of health benefits during leave, and freedom from retaliation for requesting or taking leave. Interference — discouraging requests, demanding work during leave, counting protected absences against you in reviews or attendance points — is unlawful even without a firing.
Common violations we litigate. Termination during or shortly after leave, “position eliminated” stories contradicted by a prompt replacement, refusal to reinstate to comparable work, denial of leave to eligible employees, punishing intermittent leave, and failure to accommodate pregnancy or related conditions.
Remedies. Lost wages and benefits, reinstatement or front pay, emotional distress damages, punitive damages in egregious cases, and attorney’s fees. The timeline is the case: leave request, leave dates, and adverse action, documented side by side.
Only if the employer proves you would have been laid off regardless of leave — a genuine, documented reduction that would have included you anyway. A “layoff” that coincides with protected leave, followed by someone else doing your job, is a classic violation.
You are entitled to the same or a comparable position — equivalent pay, benefits, shift, location, and responsibilities. A demotion dressed up as a “comparable role” violates the statute.
CFRA covers employers with just five employees, and Pregnancy Disability Leave applies at the same threshold. Small-employer status rarely defeats California leave rights.
CFRA and FMLA both protect intermittent leave for serious health conditions. Counting those absences in attendance discipline, or punishing the pattern, is interference.
Unlawful denial or discouragement of leave is an interference claim on its own. Document the request and denial — damages can include the harm that followed from working through a condition leave should have covered.
Submissions are reviewed directly by the attorney. Confidential.