What If I’m Retaliated Against for Taking Medical or Family Leave?
Taking time off for your own health or to care for family isn’t a luxury. It’s your right. California law gives you powerful protections when life demands you step away from work. But what happens if your employer doesn’t care about the law and punishes you for it?
At In Motion Law, we’ve seen how retaliation hides in plain sight: a demotion, a sudden firing, a mysteriously “eliminated” position. It’s illegal, and you don’t have to accept it. Let’s break down what the law says and what you can do if your employer crosses the line.
Your Legal Rights to Medical and Family Leave in California
California workers are covered by both federal and state leave laws:
- FMLA (Family and Medical Leave Act): Applies to employers with 50+ employees. Offers up to 12 weeks of unpaid, job-protected leave in a 12-month period for serious health conditions, bonding with a new child, or caring for a close family member.
- CFRA (California Family Rights Act): Similar to FMLA but applies to employers with 5 or more employees and includes a broader definition of “family.”
During leave, your employer must maintain your health insurance and reinstate you to the same or a comparable position when you return. Retaliating against you for using this leave is strictly prohibited.
What Retaliation Actually Looks Like
Employers rarely say, “We’re punishing you for taking leave.” Instead, it’s subtle and timed suspiciously close to your return. Signs include:
- Getting demoted or reassigned to worse shifts or tasks
- Being excluded from meetings or opportunities
- Having your workload suddenly cut (or overloaded to force you out)
- Receiving negative performance reviews that didn’t exist before
- Getting terminated shortly after your return
If any of this happens soon after you take protected leave, it’s likely retaliation.
How California Law Treats Retaliation
California’s Government Code § 12945.2 makes it illegal for an employer to interfere with, deny, or retaliate against anyone exercising CFRA leave rights. That includes threatening your job, cutting your hours, or firing you.
Employers who retaliate can face lawsuits for back pay, lost benefits, emotional distress damages, and even civil penalties. You don’t need to prove your employer admitted retaliation. You just need to show a link between your leave and the adverse action.
What to Do If You Think You’re Being Retaliated Against
Document everything. Keep emails, texts, reviews, schedules, and performance metrics. Write down dates and details of any retaliation.
Report it internally. That means reporting to HR or a supervisor, in writing, so there’s a clear record.
Talk to a San Diego retaliation lawyer as soon as possible. Timelines matter. Evidence can vanish. And a good attorney can quickly determine whether what you’re experiencing crosses the legal line into retaliation.
Facing Retaliation? We Can Help
California law protects you from retaliation when you take protected medical or family leave. If your employer punishes you for prioritizing your health or family, they’re the ones breaking the law—not you.
Contact In Motion Law today for a confidential consultation. We’ll help you stand up to retaliation and reclaim the career you worked for without fear of payback. Call today at 619-693-8336 to get started.
Source:
leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.&title=2.&part=2.8.&chapter=6.&article=1.
