You finally worked up the courage to request leave, and now your manager seems different toward you. Meetings you used to attend get scheduled without you, and your performance reviews suddenly read worse than before you left.
At The Rubin Law Corporation, we help California employees facing employer retaliation after taking family and medical leave. You have a legal right to take protected leave without consequences at work, and if your employer crossed that line, we can help you understand your options.
What Counts as FMLA Retaliation?
FMLA retaliation happens whenever your employer treats you worse because you requested or took protected leave. This can look like a demotion, a pay cut, a negative performance review, or termination shortly after your return.
The U.S. Department of Labor explains that employers cannot discriminate against workers for using FMLA rights, and that discouraging leave or counting it under no-fault attendance policies can violate the law. Timing often matters here, because treatment that changed only after your request can be important evidence.
Common Warning Signs
Retaliation rarely looks obvious at first, so we tell our clients to watch for a pattern rather than a single incident. Some signs that may point toward retaliation include the following.
- Sudden discipline: Write-ups or negative reviews that begin right after your leave request or return.
- Reduced hours: A schedule cut or reassignment to less desirable shifts once you come back.
- Exclusion: Being left out of meetings, projects, or communications you were part of before.
- Denied advancement: A promotion or raise you were on track for disappears without explanation.
- Termination: Losing your job soon after requesting or returning from leave.
- Sudden restructuring: Your position is eliminated in a reorganization that seems to affect only you.
Retaliation can begin while you are still on leave, whatever your reason for taking it. Employers often disguise retaliation as a restructuring, so ask whether it truly involved dozens of employees or only you. Documenting dates, emails, and conversations as changes happen can strengthen a later claim.
Your Rights Under the California Family Rights Act
California workers often have broader protections than the federal FMLA alone provides. The federal law covers employers with 50 or more employees within 75 miles, while the CFRA covers employers with five or more employees. To qualify under either law, you generally need 12 months of service and at least 1,250 hours worked in the year before your leave.
Both laws generally require your employer to reinstate you to the same or a comparable position when your leave ends, and an employer that normally pays for group health coverage must keep doing so during leave. When an employer fails to follow these rules, you may be able to pursue a wrongful termination or retaliation claim.
Baby Bonding Leave for Fathers Is Protected Too
Both parents, including fathers and adoptive or foster parents, are entitled to up to 12 weeks of bonding leave within one year of the child’s birth, adoption, or foster placement, according to the California Civil Rights Department. FMLA and CFRA bonding leave run at the same time. The leave is unpaid, though California’s Paid Family Leave program can provide partial wage replacement for up to eight weeks without job protection.
Under the CFRA, you can take bonding leave in two-week blocks, with shorter periods allowed on two occasions, while the federal FMLA generally requires your employer’s agreement for intermittent bonding leave. When possible, give your employer 30 days’ notice and keep a copy of your request. Some employers push back when fathers take this leave, and we have litigated retaliation claims arising from it. Taking bonding leave is a protected right, and punishing you for it is unlawful.
How We Help You Build Your Case
Proving retaliation often comes down to documentation and timing, so we start by reviewing your leave records, performance history, and communications from your employer. We look for the pattern connecting your protected leave to the negative treatment that followed.
From there, we may pursue a negotiated resolution, or we may take the matter to litigation if that path does not resolve fairly. Our discrimination team regularly represents employees against large corporations, so we understand how these employers typically respond.
Contact The Rubin Law Corporation Today
Facing retaliation after taking leave can feel isolating, especially when you are still trying to recover or care for a new child. You do not have to sort through this situation alone, and reaching out may be the first step toward protecting your job and income.
Steven Rubin has spent over 25 years representing California employees against major corporations, financial institutions, and hospital systems, and our firm understands what it takes to hold employers accountable. If you believe you experienced retaliation for taking FMLA or CFRA leave, contact our team today for a case evaluation.