CFRA Interference Attorney

CFRA interference occurs when an employer restrains, denies, or discourages the exercise of CFRA rights. This includes not only outright denials but also discouraging leave use, imposing unnecessary barriers, failing to notify employees of their CFRA rights, counting leave against the employee in evaluations, or any action that chills the employee's exercise of leave rights. Under Gov. Code § 12945.2, interference is independently actionable.

Eligible employees at employers with 5+ employees can take up to 12 weeks of unpaid, job-protected leave per year for: bonding with a new child, caring for a family member with a serious health condition, the employee's own serious health condition, or a qualifying military exigency. Upon return, you must be restored to the same or a comparable position with equivalent pay, benefits, and working conditions.

Yes. When an employer becomes aware that an employee may need CFRA leave, it must provide written notice of CFRA rights and obligations within five business days. Failure to provide timely notice is itself a CFRA violation and can extend the statute of limitations. Employers must also post CFRA notices in the workplace and include CFRA information in employee handbooks.

Under FEHA (which governs CFRA claims), you can recover lost wages and benefits, emotional distress damages, punitive damages for willful violations, and attorneys' fees and costs. If you were terminated, you can seek reinstatement. There are no statutory caps on damages under FEHA, making California CFRA claims potentially more valuable than federal FMLA claims.