THE STOCKTON PERSONAL INJURY ATTORNEY WITH A REPUTATION YOU CAN TRUST
Practice Areas
Practice Areas
Family and Medical Leave Cases
Family and Medical Leave Cases
Facing a serious health condition or welcoming a new child should never jeopardize your livelihood. We protect employees from unlawful CFRA and FMLA interference and retaliation, backed by our experience helping secure a $1.8 million verdict against a California state agency.
Facing a serious health condition or welcoming a new child should never jeopardize your livelihood. We protect employees from unlawful CFRA and FMLA interference and retaliation, backed by our experience helping secure a $1.8 million verdict against a California state agency.
Legal Help When Your Employer Interferes With Protected Leave
Legal Help When Your Employer Interferes With Protected Leave
Legal Help When Your Employer Interferes With Protected Leave
When you or a family member faces a serious health condition, or when you welcome a new child, the last thing you should worry about is losing your job. California’s Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) give eligible employees the right to take job-protected leave. Employers who deny that leave, discourage employees from using it, or punish them for taking it can be held accountable.
Schwinghamer Law represents employees in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley whose leave rights were violated. We represent workers at private companies and at public employers, including many employees of California state agencies. Call (209) 425-2520 or send us a message to discuss your situation.
When you or a family member faces a serious health condition, or when you welcome a new child, the last thing you should worry about is losing your job. California’s Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) give eligible employees the right to take job-protected leave. Employers who deny that leave, discourage employees from using it, or punish them for taking it can be held accountable.
Schwinghamer Law represents employees in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley whose leave rights were violated. We represent workers at private companies and at public employers, including many employees of California state agencies. Call (209) 425-2520 or send us a message to discuss your situation.
When you or a family member faces a serious health condition, or when you welcome a new child, the last thing you should worry about is losing your job. California’s Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) give eligible employees the right to take job-protected leave. Employers who deny that leave, discourage employees from using it, or punish them for taking it can be held accountable.
Schwinghamer Law represents employees in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley whose leave rights were violated. We represent workers at private companies and at public employers, including many employees of California state agencies. Call (209) 425-2520 or send us a message to discuss your situation.
Featured Case Result
Featured Case Result
$1.8 Million CFRA Verdict Against a State Agency
$1.8 Million CFRA Verdict Against a State Agency
$1.8 Million CFRA Verdict Against a State Agency
In July 2024, a San Joaquin County jury returned a $1.8 million verdict for Dr. Anthony Coppola, a psychiatrist at Deuel Vocational Institution in Tracy, against the California Department of Corrections and Rehabilitation. Dr. Coppola Alleged that after he took medical leave, the department removed hundreds of hours of leave he had accrued over more than two decades. The jury found in his favor on his CFRA retaliation claim. Schwinghamer Law was part of the trial team. Read the coverage from CalMatters and LAist.
Past results do not guarantee, warrant or predict future outcomes; every case is different.
In July 2024, a San Joaquin County jury returned a $1.8 million verdict for Dr. Anthony Coppola, a psychiatrist at Deuel Vocational Institution in Tracy, against the California Department of Corrections and Rehabilitation. Dr. Coppola Alleged that after he took medical leave, the department removed hundreds of hours of leave he had accrued over more than two decades. The jury found in his favor on his CFRA retaliation claim. Schwinghamer Law was part of the trial team. Read the coverage from CalMatters and LAist.
Past results do not guarantee, warrant or predict future outcomes; every case is different.
In July 2024, a San Joaquin County jury returned a $1.8 million verdict for Dr. Anthony Coppola, a psychiatrist at Deuel Vocational Institution in Tracy, against the California Department of Corrections and Rehabilitation. Dr. Coppola Alleged that after he took medical leave, the department removed hundreds of hours of leave he had accrued over more than two decades. The jury found in his favor on his CFRA retaliation claim. Schwinghamer Law was part of the trial team. Read the coverage from CalMatters and LAist.
Past results do not guarantee, warrant or predict future outcomes; every case is different.
Your Right to Job-Protected Leave Under CFRA
Your Right to Job-Protected Leave Under CFRA
Your Right to Job-Protected Leave Under CFRA
CFRA allows eligible employees to take up to 12 workweeks of family care or medical leave in any 12-month period. (Gov. Code, § 12945.2, subd. (a).) An employer has not granted CFRA leave unless it guarantees the employee a return to the same or a comparable position when the leave ends. (Ibid.)
CFRA allows eligible employees to take up to 12 workweeks of family care or medical leave in any 12-month period. (Gov. Code, § 12945.2, subd. (a).) An employer has not granted CFRA leave unless it guarantees the employee a return to the same or a comparable position when the leave ends. (Ibid.)
Who is Eligible?
Who is Eligible?
Who is Eligible?
You are generally eligible for CFRA leave if, at the time you request or begin leave, all of the following are true (CACI No. 2601):
You are generally eligible for CFRA leave if, at the time you request or begin leave, all of the following are true (CACI No. 2601):
Your employer directly employs five or more people
Your employer directly employs five or more people
You have more than 12 months of service with the employer
You have more than 12 months of service with the employer
You worked at least 1,250 hours for the employer during the previous 12 months
You worked at least 1,250 hours for the employer during the previous 12 months
You have not already used your 12 weeks of family care or medical leave in the current 12-month period
You have not already used your 12 weeks of family care or medical leave in the current 12-month period
CFRA also applies to the State of California, to cities of any size, and to other political and civil subdivisions of the state. (CACI No. 2601, Directions for Use.) This is important for the many state workers in San Joaquin and Sacramento Counties.
CFRA also applies to the State of California, to cities of any size, and to other political and civil subdivisions of the state. (CACI No. 2601, Directions for Use.) This is important for the many state workers in San Joaquin and Sacramento Counties.
Qualifying Reasons for CFRA Leave
Qualifying Reasons for CFRA Leave
Qualifying Reasons for CFRA Leave
CFRA leave is available for any of the following reasons (CACI No. 2600):
CFRA leave is available for any of the following reasons (CACI No. 2600):
The birth of your child, or bonding with a new child
The birth of your child, or bonding with a new child
The placement of a child with you for adoption or foster care
The placement of a child with you for adoption or foster care
Caring for your child, parent, spouse, domestic partner, grandparent, grandchild, or sibling who has a serious health condition
Caring for your child, parent, spouse, domestic partner, grandparent, grandchild, or sibling who has a serious health condition
Caring for a designated person who has a serious health condition, meaning a blood relative or someone whose association with you is equivalent to a family relationship
Caring for a designated person who has a serious health condition, meaning a blood relative or someone whose association with you is equivalent to a family relationship
Your own serious health condition that makes you unable to perform the functions of your job
Your own serious health condition that makes you unable to perform the functions of your job
A qualifying military exigency related to the covered active duty, or call to covered active duty, of your spouse, domestic partner, child, or parent
A qualifying military exigency related to the covered active duty, or call to covered active duty, of your spouse, domestic partner, child, or parent
Under CFRA, “parent” includes a parent-in-law. (Gov. Code, § 12945.2, subd. (b)(11).) Leave for disability due to pregnancy, childbirth, or related medical conditions is handled under a separate California law, pregnancy disability leave. (CACI No. 2600, Directions for Use.)
Under CFRA, “parent” includes a parent-in-law. (Gov. Code, § 12945.2, subd. (b)(11).) Leave for disability due to pregnancy, childbirth, or related medical conditions is handled under a separate California law, pregnancy disability leave. (CACI No. 2600, Directions for Use.)
Giving Notice to Your Employer
Giving Notice to Your Employer
Giving Notice to Your Employer
You do not need to use any special words to request CFRA leave. California’s jury instructions explain: “The notice can be verbal or in writing and does not need to mention the law.” (CACI No. 2602.) You do need to make your employer aware that you need leave, when it will begin, and how long it is expected to last. (Ibid.)
When the need for leave is foreseeable, such as an expected birth or planned surgery, an employer may require up to 30 days’ advance notice. When 30 days’ notice is not reasonably possible, notice must be given as soon as possible. (CACI No. 2600.)
Your medical privacy is protected. “An employer cannot require disclosure of any medical diagnosis, but should ask for information necessary to decide whether the employee is entitled to leave.” (CACI No. 2602.) An employer may ask for a certification from your health care provider, but it must give you a reasonable amount of time to provide it, which must be at least 15 days. (CACI No. 2610, Directions for Use.)
You do not need to use any special words to request CFRA leave. California’s jury instructions explain: “The notice can be verbal or in writing and does not need to mention the law.” (CACI No. 2602.) You do need to make your employer aware that you need leave, when it will begin, and how long it is expected to last. (Ibid.)
When the need for leave is foreseeable, such as an expected birth or planned surgery, an employer may require up to 30 days’ advance notice. When 30 days’ notice is not reasonably possible, notice must be given as soon as possible. (CACI No. 2600.)
Your medical privacy is protected. “An employer cannot require disclosure of any medical diagnosis, but should ask for information necessary to decide whether the employee is entitled to leave.” (CACI No. 2602.) An employer may ask for a certification from your health care provider, but it must give you a reasonable amount of time to provide it, which must be at least 15 days. (CACI No. 2610, Directions for Use.)
How CFRA and FMLA Compare
How CFRA and FMLA Compare
How CFRA and FMLA Compare
Many California employees are covered by both CFRA and the federal FMLA, but the two laws differ in important ways:
Many California employees are covered by both CFRA and the federal FMLA, but the two laws differ in important ways:
Employer size. CFRA covers employers that directly employ five or more people. (CACI No. 2601.) The FMLA covers private employers with 50 or more employees, as well as public agencies. (29 U.S.C. § 2611(4).) Even when the employer is covered, an employee is not eligible for FMLA leave if fewer than 50 employees work for the employer within 75 miles of the employee’s worksite. (29 U.S.C. § 2611(2).)
Employer size. CFRA covers employers that directly employ five or more people. (CACI No. 2601.) The FMLA covers private employers with 50 or more employees, as well as public agencies. (29 U.S.C. § 2611(4).) Even when the employer is covered, an employee is not eligible for FMLA leave if fewer than 50 employees work for the employer within 75 miles of the employee’s worksite. (29 U.S.C. § 2611(2).)
Family members. The FMLA allows leave to care for a spouse, son, daughter, or parent with a serious health condition. (29 U.S.C. § 2612(a)(1)(C).) CFRA also covers domestic partners, grandparents, grandchildren, siblings, parents-in-law, and designated persons. (CACI No. 2600.)
Family members. The FMLA allows leave to care for a spouse, son, daughter, or parent with a serious health condition. (29 U.S.C. § 2612(a)(1)(C).) CFRA also covers domestic partners, grandparents, grandchildren, siblings, parents-in-law, and designated persons. (CACI No. 2600.)
Service requirements. Both laws generally require at least 12 months with the employer and at least 1,250 hours of service in the previous 12 months. (29 U.S.C. § 2611(2); CACI No. 2601.)
Service requirements. Both laws generally require at least 12 months with the employer and at least 1,250 hours of service in the previous 12 months. (29 U.S.C. § 2611(2); CACI No. 2601.)
Because CFRA reaches smaller employers and more family relationships, it is often the stronger claim for workers in the Central Valley.
Because CFRA reaches smaller employers and more family relationships, it is often the stronger claim for workers in the Central Valley.
CFRA Interference: When Your Employer Gets in the Way
CFRA Interference: When Your Employer Gets in the Way
CFRA Interference: When Your Employer Gets in the Way
CFRA makes it unlawful for an employer “to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.” (Gov. Code, § 12945.2, subd. (q).) An interference claim does not require proof that the employer intended to discriminate. As one California Court of Appeal explained, “[a]n interference claim under CFRA does not invoke the burden shifting analysis of the McDonnell Douglas test. Rather, such a claim requires only that the employer deny the employee’s entitlement to CFRA-qualifying leave.” (Moore v. Regents of University of California (2016) 248 Cal.App.4th 216, 250.)
Employers also cannot ignore a leave request because the employee did not fill out the right form. In Moore, the court held that “an employer bears a burden, under CFRA, to inquire further if an employee presents the employer with a CFRA-qualifying reason for requesting leave.” (Id. at p. 249.)
CFRA makes it unlawful for an employer “to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.” (Gov. Code, § 12945.2, subd. (q).) An interference claim does not require proof that the employer intended to discriminate. As one California Court of Appeal explained, “[a]n interference claim under CFRA does not invoke the burden shifting analysis of the McDonnell Douglas test. Rather, such a claim requires only that the employer deny the employee’s entitlement to CFRA-qualifying leave.” (Moore v. Regents of University of California (2016) 248 Cal.App.4th 216, 250.)
Employers also cannot ignore a leave request because the employee did not fill out the right form. In Moore, the court held that “an employer bears a burden, under CFRA, to inquire further if an employee presents the employer with a CFRA-qualifying reason for requesting leave.” (Id. at p. 249.)
Examples of interference include:
Examples of interference include:
Denying leave that an eligible employee is entitled to take
Denying leave that an eligible employee is entitled to take
Discouraging an employee from taking leave or pressuring the employee to cut leave short
Discouraging an employee from taking leave or pressuring the employee to cut leave short
Demanding a medical diagnosis as a condition of approving leave
Demanding a medical diagnosis as a condition of approving leave
Failing to respond to a leave request or failing to designate qualifying leave as CFRA leave
Failing to respond to a leave request or failing to designate qualifying leave as CFRA leave
Requiring an employee to work while on protected leave
Requiring an employee to work while on protected leave
Refusing to return the employee to the same or a comparable job when leave ends
Refusing to return the employee to the same or a comparable job when leave ends
Your Right to Return to Your Job
Your Right to Return to Your Job
Your Right to Return to Your Job
At the end of CFRA leave, your employer generally must return you to the same position or a comparable one. California’s jury instructions define a comparable job: “‘Comparable job’ means a job that is the same or close to the employee’s former job in responsibilities, duties, pay, benefits, working conditions, and schedule. It must be at the same location or a similar geographic location.” (CACI No. 2603.)
An employer may refuse reinstatement only in limited circumstances. For example, if the employer claims your job would have been eliminated even if you had kept working, the employer must prove that you would have been discharged or laid off anyway and that your leave was not a reason for the decision. (CACI No. 2612.)
At the end of CFRA leave, your employer generally must return you to the same position or a comparable one. California’s jury instructions define a comparable job: “‘Comparable job’ means a job that is the same or close to the employee’s former job in responsibilities, duties, pay, benefits, working conditions, and schedule. It must be at the same location or a similar geographic location.” (CACI No. 2603.)
An employer may refuse reinstatement only in limited circumstances. For example, if the employer claims your job would have been eliminated even if you had kept working, the employer must prove that you would have been discharged or laid off anyway and that your leave was not a reason for the decision. (CACI No. 2612.)
CFRA Retaliation: Punished for Taking Leave
CFRA Retaliation: Punished for Taking Leave
CFRA Retaliation: Punished for Taking Leave
CFRA also prohibits retaliation against employees who request or take protected leave. (Gov. Code, § 12945.2, subd. (k).) To prove retaliation, an employee generally must show that the employee was eligible for leave, requested or took leave, suffered an adverse employment action, and that the leave was a substantial motivating reason for that action. (CACI No. 2620.)
CFRA also prohibits retaliation against employees who request or take protected leave. (Gov. Code, § 12945.2, subd. (k).) To prove retaliation, an employee generally must show that the employee was eligible for leave, requested or took leave, suffered an adverse employment action, and that the leave was a substantial motivating reason for that action. (CACI No. 2620.)
Retaliation can include:
Retaliation can include:
Termination during or shortly after leave
Termination during or shortly after leave
Demotion, reduced hours, or a less desirable schedule upon return
Demotion, reduced hours, or a less desirable schedule upon return
Discipline or poor evaluations that cite absences caused by protected leave
Discipline or poor evaluations that cite absences caused by protected leave
Using protected leave against the employee in attendance policies
Using protected leave against the employee in attendance policies
Taking away accrued leave balances or other benefits
Taking away accrued leave balances or other benefits
Building a performance case against an employee who was previously in good standing
Building a performance case against an employee who was previously in good standing
Timing is often important evidence. When an employer takes action against an employee soon after the employee requests or returns from leave, that timing can support an inference of retaliation.
Timing is often important evidence. When an employer takes action against an employee soon after the employee requests or returns from leave, that timing can support an inference of retaliation.
When Medical Leave and Disability Rights Overlap
When Medical Leave and Disability Rights Overlap
When Medical Leave and Disability Rights Overlap
A serious health condition that qualifies for CFRA leave may also be a disability protected by California's Fair Employment and Housing Act. When an employee needs time off beyond the CFRA period, or needs work restrictions after returning, the employer may also have duties to provide reasonable accommodation and engage in a good-faith interactive process. Learn more on our disability discrimination page.
A serious health condition that qualifies for CFRA leave may also be a disability protected by California's Fair Employment and Housing Act. When an employee needs time off beyond the CFRA period, or needs work restrictions after returning, the employer may also have duties to provide reasonable accommodation and engage in a good-faith interactive process. Learn more on our disability discrimination page.
Leave Rights for State Workers and Public Employees
Leave Rights for State Workers and Public Employees
Leave Rights for State Workers and Public Employees
Public employees often face leave issues that private-sector workers do not, including disputes over leave balances, fitness-for-duty requirements, and separation for being absent without leave. CFRA applies to the State of California and to local public employers regardless of size. (CACI No. 2601, Directions for Use.)
The Coppola verdict shows how leave disputes with state agencies can lead to significant results. If you work for a state agency, county, city, school district, or other public employer and believe your leave rights were violated, we can help you evaluate your claims and the procedures that apply.
Public employees often face leave issues that private-sector workers do not, including disputes over leave balances, fitness-for-duty requirements, and separation for being absent without leave. CFRA applies to the State of California and to local public employers regardless of size. (CACI No. 2601, Directions for Use.)
The Coppola verdict shows how leave disputes with state agencies can lead to significant results. If you work for a state agency, county, city, school district, or other public employer and believe your leave rights were violated, we can help you evaluate your claims and the procedures that apply.
What Compensation Can You Recover?
What Compensation Can You Recover?
What Compensation Can You Recover?
Depending on the facts, an employee whose CFRA or FMLA rights were violated may recover:
Depending on the facts, an employee whose CFRA or FMLA rights were violated may recover:
Lost wages and benefits
Lost wages and benefits
Restoration of leave balances or other benefits
Restoration of leave balances or other benefits
Future lost earnings if you cannot return to comparable work
Future lost earnings if you cannot return to comparable work
Damages for emotional distress
Damages for emotional distress
Reasonable attorney's fees and costs (Gov. Code, § 12965, subd. (c)(6))
Reasonable attorney's fees and costs (Gov. Code, § 12965, subd. (c)(6))
Punitive damages in some cases against private employers
Punitive damages in some cases against private employers
Under the FMLA, a court may also award an additional amount as liquidated damages equal to the lost compensation plus interest, although the employer can try to reduce that amount by showing it acted in good faith. (29 U.S.C. § 2617(a)(1).)
Under the FMLA, a court may also award an additional amount as liquidated damages equal to the lost compensation plus interest, although the employer can try to reduce that amount by showing it acted in good faith. (29 U.S.C. § 2617(a)(1).)
How Long Do You Have to File?
How Long Do You Have to File?
How Long Do You Have to File?
Most CFRA claims require filing a complaint with the California Civil Rights Department within three years of the unlawful practice and obtaining a right-to-sue notice before filing a lawsuit. (Gov. Code, § 12960, subd. (e)(5).) After receiving a right-to-sue notice, an employee generally has one year from the date of the notice to file suit. (Gov. Code, § 12965, subd. (c)(1)(D).)
FMLA claims generally must be filed within two years of the last violation, or within three years if the violation was willful. (29 U.S.C. § 2617(c).)
Other claims, including some claims against public employers, carry their own deadlines, so speak with an employment lawyer as soon as possible.
Most CFRA claims require filing a complaint with the California Civil Rights Department within three years of the unlawful practice and obtaining a right-to-sue notice before filing a lawsuit. (Gov. Code, § 12960, subd. (e)(5).) After receiving a right-to-sue notice, an employee generally has one year from the date of the notice to file suit. (Gov. Code, § 12965, subd. (c)(1)(D).)
FMLA claims generally must be filed within two years of the last violation, or within three years if the violation was willful. (29 U.S.C. § 2617(c).)
Other claims, including some claims against public employers, carry their own deadlines, so speak with an employment lawyer as soon as possible.
Steps to Protect Your Rights
Steps to Protect Your Rights
Steps to Protect Your Rights
Request leave in writing when possible, and keep a copy.
Request leave in writing when possible, and keep a copy.
Tell your employer why you need leave and how long you expect to be out. You do not have to disclose your diagnosis.
Tell your employer why you need leave and how long you expect to be out. You do not have to disclose your diagnosis.
Provide medical certification by the deadline your employer gives you, and keep proof that you sent it.
Provide medical certification by the deadline your employer gives you, and keep proof that you sent it.
Keep copies of leave approvals, denials, and all communications about your leave.
Keep copies of leave approvals, denials, and all communications about your leave.
Write down any comments from supervisors about your leave.
Write down any comments from supervisors about your leave.
If you are disciplined, demoted, or fired after taking leave, contact an employment lawyer right away.
If you are disciplined, demoted, or fired after taking leave, contact an employment lawyer right away.
Why Work With Schwinghamer Law?
Proven results in CFRA litigation. Our firm was part of the trial team that obtained a $1.8 million CFRA retaliation verdict against the California Department of Corrections and Rehabilitation from a San Joaquin County jury.
Experience with state agencies. Many of our clients are state and local government employees, and we understand the rules that apply to their claims.
Contingency fee representation. We handle CFRA and FMLA cases on a contingency fee basis, so you do not pay attorney’s fees up front.
Personal attention. You will work directly with attorney Noah Schwinghamer throughout your case.
Why Work With Schwinghamer Law?
Proven results in CFRA litigation. Our firm was part of the trial team that obtained a $1.8 million CFRA retaliation verdict against the California Department of Corrections and Rehabilitation from a San Joaquin County jury.
Experience with state agencies. Many of our clients are state and local government employees, and we understand the rules that apply to their claims.
Contingency fee representation. We handle CFRA and FMLA cases on a contingency fee basis, so you do not pay attorney’s fees up front.
Personal attention. You will work directly with attorney Noah Schwinghamer throughout your case.
Why Work With Schwinghamer Law?
Proven results in CFRA litigation. Our firm was part of the trial team that obtained a $1.8 million CFRA retaliation verdict against the California Department of Corrections and Rehabilitation from a San Joaquin County jury.
Experience with state agencies. Many of our clients are state and local government employees, and we understand the rules that apply to their claims.
Contingency fee representation. We handle CFRA and FMLA cases on a contingency fee basis, so you do not pay attorney’s fees up front.
Personal attention. You will work directly with attorney Noah Schwinghamer throughout your case.
CFRA and FMLA FAQs
CFRA and FMLA FAQs
CFRA and FMLA FAQs
How many employees does my employer need for CFRA to apply?
How many employees does my employer need for CFRA to apply?
CFRA applies to employers that directly employ five or more people, and to the State of California, cities of any size, and other public entities. (CACI No. 2601 and Directions for Use.) The federal FMLA generally applies only to private employers with 50 or more employees and to public agencies. (29 U.S.C. § 2611(4).)
CFRA applies to employers that directly employ five or more people, and to the State of California, cities of any size, and other public entities. (CACI No. 2601 and Directions for Use.) The federal FMLA generally applies only to private employers with 50 or more employees and to public agencies. (29 U.S.C. § 2611(4).)
Do I have to mention CFRA or FMLA when I ask for leave?
Do I have to mention CFRA or FMLA when I ask for leave?
No. “The notice can be verbal or in writing and does not need to mention the law.” (CACI No. 2602.) You must tell your employer that you need leave, when it will start, and how long you expect it to last. If your request gives a CFRA-qualifying reason, your employer has a duty to ask for more information if needed. (Moore v. Regents of University of California (2016) 248 Cal.App.4th 216, 249.)
No. “The notice can be verbal or in writing and does not need to mention the law.” (CACI No. 2602.) You must tell your employer that you need leave, when it will start, and how long you expect it to last. If your request gives a CFRA-qualifying reason, your employer has a duty to ask for more information if needed. (Moore v. Regents of University of California (2016) 248 Cal.App.4th 216, 249.)
Do I have to tell my employer my medical diagnosis?
Do I have to tell my employer my medical diagnosis?
No. “An employer cannot require disclosure of any medical diagnosis, but should ask for information necessary to decide whether the employee is entitled to leave.” (CACI No. 2602.) Your employer can request a certification from your health care provider, but the certification does not have to identify your diagnosis.
No. “An employer cannot require disclosure of any medical diagnosis, but should ask for information necessary to decide whether the employee is entitled to leave.” (CACI No. 2602.) Your employer can request a certification from your health care provider, but the certification does not have to identify your diagnosis.
Is CFRA leave paid?
Is CFRA leave paid?
CFRA protects your job, but it does not require your employer to pay you during leave. (Gov. Code, § 12945.2, subd. (c).) You may choose, or your employer may require you, to use accrued vacation or other paid time off during CFRA leave, and accrued sick leave if the leave is for your own serious health condition. (Id., subd. (d).) California’s State Disability Insurance and Paid Family Leave programs, run by the Employment Development Department, may also provide partial wage replacement. Those programs are separate from CFRA, which is the law that protects your job.
CFRA protects your job, but it does not require your employer to pay you during leave. (Gov. Code, § 12945.2, subd. (c).) You may choose, or your employer may require you, to use accrued vacation or other paid time off during CFRA leave, and accrued sick leave if the leave is for your own serious health condition. (Id., subd. (d).) California’s State Disability Insurance and Paid Family Leave programs, run by the Employment Development Department, may also provide partial wage replacement. Those programs are separate from CFRA, which is the law that protects your job.
Can my employer fire me while I am on CFRA leave?
Can my employer fire me while I am on CFRA leave?
Your employer cannot fire you because you took CFRA leave. If your employer claims your position would have been eliminated anyway, it must prove that you would have been discharged or laid off even if you had kept working and that your leave was not a reason for the decision. (CACI No. 2612.)
Your employer cannot fire you because you took CFRA leave. If your employer claims your position would have been eliminated anyway, it must prove that you would have been discharged or laid off even if you had kept working and that your leave was not a reason for the decision. (CACI No. 2612.)
What if my employer brought me back to a different job?
What if my employer brought me back to a different job?
You are generally entitled to return to the same or a comparable job, meaning one that is “the same or close to the employee’s former job in responsibilities, duties, pay, benefits, working conditions, and schedule.” (CACI No. 2603.) A transfer to a position with lower pay, worse hours, or a distant location may violate CFRA.
You are generally entitled to return to the same or a comparable job, meaning one that is “the same or close to the employee’s former job in responsibilities, duties, pay, benefits, working conditions, and schedule.” (CACI No. 2603.) A transfer to a position with lower pay, worse hours, or a distant location may violate CFRA.
How long do I have to file a CFRA claim?
How long do I have to file a CFRA claim?
Most CFRA claims require filing a complaint with the California Civil Rights Department within three years, then filing a lawsuit within one year after receiving a right-to-sue notice. (Gov. Code, §§ 12960, subd. (e)(5), 12965, subd. (c)(1)(D).) FMLA claims generally must be filed within two years, or three years for willful violations. (29 U.S.C. § 2617(c).)
Most CFRA claims require filing a complaint with the California Civil Rights Department within three years, then filing a lawsuit within one year after receiving a right-to-sue notice. (Gov. Code, §§ 12960, subd. (e)(5), 12965, subd. (c)(1)(D).) FMLA claims generally must be filed within two years, or three years for willful violations. (29 U.S.C. § 2617(c).)
Talk to a Stockton CFRA and FMLA Lawyer
Talk to a Stockton CFRA and FMLA Lawyer
Talk to a Stockton CFRA and FMLA Lawyer
If your employer denied your leave, punished you for taking it, or refused to bring you back, Schwinghamer Law can help. We represent employees in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley.
If your employer denied your leave, punished you for taking it, or refused to bring you back, Schwinghamer Law can help. We represent employees in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley.
If your employer denied your leave, punished you for taking it, or refused to bring you back, Schwinghamer Law can help. We represent employees in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley.
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© 2026 Schwinghamer Law. All Rights Reserved. The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Past results do not guarantee, warrant, or predict future outcomes; every case is different. Viewing this site does not create, and receipt of this information does not constitute, an attorney-client relationship.
© 2026 Schwinghamer Law. All Rights Reserved. The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Past results do not guarantee, warrant, or predict future outcomes; every case is different. Viewing this site does not create, and receipt of this information does not constitute, an attorney-client relationship.
Popular Links
Popular Links
© 2026 Schwinghamer Law. All Rights Reserved. The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Past results do not guarantee, warrant, or predict future outcomes; every case is different. Viewing this site does not create, and receipt of this information does not constitute, an attorney-client relationship.