Taking time off work to deal with a serious health condition or care for a family member is a right protected by the law. Unfortunately, some employers punish workers for exercising that right. If you’ve been treated unfairly after taking medical leave in California, you may be the victim of FMLA retaliation.
Both federal and California state law prohibit employers from retaliating against employees who take protected leave. Learning about how these laws work and what you can do about a violation is essential if you believe your employer has crossed the line.
What Is FMLA Retaliation?
FMLA retaliation occurs when an employer takes adverse action against an employee for requesting or using leave under the Family and Medical Leave Act. This can take many forms, so long as a negative change to your employment was made that was motivated by your decision to take protected leave.
Retaliation doesn’t always happen the moment you return from leave. In some cases, it builds gradually through changes in how you’re treated. If the timing and circumstances suggest a connection between your leave and the negative treatment, you may have a valid claim.
Understanding the Family and Medical Leave Act (FMLA)
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons. These include:
- A serious health condition that prevents you from performing your job
- Caring for a spouse, child, or parent with a serious health condition
- The birth or adoption of a child
- Certain qualifying needs related to a family member’s military service
During FMLA leave, your employer is required to maintain your group health insurance coverage. When your leave ends, you are generally entitled to return to the same position you held before or to an equivalent role with the same pay and benefits.
Who Is Covered by the FMLA and CFRA in California
Not every employee or employer is covered by the FMLA. California also has its own version of the law, the California Family Rights Act (CFRA), which provides similar but in some cases broader protections.
Employee Eligibility Requirements
To qualify for FMLA leave, you must have worked for your employer for at least 12 months and have logged at least 1,250 hours during the 12-month period before the leave begins. The CFRA has the same general requirements, though it covers a broader range of family relationships.
Employer Coverage Requirements
The FMLA applies to private employers with 50 or more employees within a 75-mile radius of the employee’s worksite. It also covers all public agencies and public or private elementary and secondary schools.
The CFRA applies to California employers with five or more employees, which means significantly more workers in California are protected under state law than under the federal FMLA alone.
How the FMLA and CFRA Work Together
In most cases, FMLA and CFRA leave run at the same time. However, there are situations where they don’t overlap. For example, leave taken to bond with a new child is covered by both laws, but leave to care for a sibling is only covered by the CFRA.
When both laws apply, your employer must follow whichever one provides greater protection.
What Counts as FMLA Retaliation?
Retaliation can take many forms, and it isn’t always as obvious as being wrongfully terminated the day you return from leave. Common examples of FMLA retaliation include:
- Termination during or shortly after taking leave
- Being passed over for a promotion you were in line for before your leave
- Receiving a sudden negative performance review after returning
- Having your responsibilities reduced without explanation
- Being reassigned to a less desirable position
- Facing increased scrutiny from management
The key factor is whether the adverse action is connected to your decision to take or request leave. If the timing or circumstances suggest a link, it’s worth speaking with an attorney.
How To Prove an FMLA Retaliation Claim
To succeed in an FMLA retaliation claim, you generally need to show three things:
- You exercised a right protected by the FMLA or CFRA
- Your employer took an adverse action against you
- There is a causal connection between your leave and the adverse action
Direct evidence of retaliation, such as a supervisor making comments about your leave being a burden, can strengthen your claim significantly. However, many retaliation cases are built on circumstantial evidence, such as the timing between your leave and the negative action.
What To Do if Your Employer Retaliates for Taking Medical Leave
If you believe your employer has retaliated against you, taking the following steps can help protect your claim:
- Document everything, including dates, conversations, emails, and any changes to your role or treatment
- Save copies of your leave request, approval documentation, and any performance reviews before and after your leave
- Report the retaliation to your HR department in writing if you feel safe doing so
- File a complaint with the California Civil Rights Department (CRD) or the U.S. Department of Labor
- Speak with an employment law attorney who can evaluate the facts of your case and advise you on the best path forward
Acting quickly matters. There are deadlines for filing retaliation claims, and evidence can become harder to obtain the longer you wait.
Compensation and Remedies in FMLA Retaliation Cases
If your retaliation claim is successful, several forms of relief may be available depending on the specifics of your case.
Back Pay and Lost Benefits
You may be entitled to recover the wages and benefits you lost as a result of the retaliation. This includes salary, bonuses, health insurance contributions, retirement benefits, and any other compensation you would have received if the adverse action hadn’t occurred.
Reinstatement or Front Pay
In many cases, the court can order your employer to reinstate you to your former position. If reinstatement isn’t practical, you may instead be awarded front pay, which compensates you for the wages and benefits you’re expected to lose going forward until you find comparable employment.
Liquidated Damages and Out-of-Pocket Costs
Under the FMLA, courts can award liquidated damages equal to the amount of your back pay if the employer cannot show that their actions were taken in good faith. You may also be entitled to recover any out-of-pocket expenses you incurred as a direct result of the retaliation.
Attorney’s Fees and Court Costs
Both the FMLA and California law allow for the recovery of reasonable attorney’s fees and court costs if you prevail in your claim. This helps make legal representation more accessible for employees who might not otherwise be able to afford it.
Additional Damages Available Under California Law
If you pursue your claim under the CFRA rather than the federal FMLA, additional remedies may be available. These can include emotional distress damages and, in cases involving especially egregious employer conduct, punitive damages.
Contact Our Workplace Retaliation Attorneys Today
FMLA retaliation is a serious violation of your rights. If your employer has punished you for taking the medical leave you were entitled to in California, legal help is available from Fairchild Employment Law. Give us a call at (619) 306-1454 or reach out online to schedule a free consultation today.