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SAN FRANCISCO EMPLOYMENT LAW BLOG

What to Do If Your Employer Offers “Family-Friendly” Benefits but Still Discriminates

Across California, many companies proudly market themselves as “family-friendly.” They advertise generous parental leave, flexible schedules, remote work options, and even childcare stipends. On paper, these benefits signal progress: a commitment to supporting employees as whole people, not just workers. Yet, behind the branding, many employees discover a different reality: subtle or overt discrimination against caregivers, parents, and pregnant employees.

These contradictions expose a deeper problem in modern workplaces. An employer can promote family values while quietly penalizing those who take advantage of the very policies that make the company appear inclusive. When that happens, the law offers important protections. Understanding how to recognize and challenge such hypocrisy is the first step toward holding employers accountable.

Understanding Family-Friendly Benefits

Family-friendly benefits are voluntary incentives companies offer to attract and retain talent. Common examples include paid parental leave, flexible or hybrid work arrangements, lactation accommodations, and time off for family or medical needs. These programs are designed to make workplaces more equitable and sustainable, particularly for employees balancing careers with caregiving responsibilities.

However, because most family-friendly benefits are discretionary rather than mandated, employers often retain control over how they’re applied. A company might offer generous parental leave in writing but quietly discourage employees from using it. It may also celebrate flexibility in theory but penalize those who request adjusted schedules. This discrepancy between policy and practice is where discrimination often emerges.

When Family-Friendly Policies Become Discriminatory

A workplace can legally advertise family-friendly values while still violating employment laws if it treats employees differently because of their caregiving status, pregnancy, or gender. For example, an employer might express frustration when a mother takes her full maternity leave, while praising a father who returns early. Or it might exclude a working parent from key projects, assuming they’re less committed.

Even policies that appear neutral can become discriminatory if they disproportionately harm caregivers. For instance, penalizing employees for “lack of flexibility” or “reduced availability” after taking parental leave may mask gender-based bias.

Recognizing Signs of Discrimination Behind the Benefits

Discrimination in family-friendly workplaces is often subtle, making it harder to identify. Employees may experience a gradual shift in how they’re treated after taking leave, requesting accommodations, or disclosing a pregnancy.

Warning signs include negative remarks about time off, sudden changes in performance reviews, removal from leadership opportunities, or pressure to work extra hours to “make up” for leave. Some employees notice they’re excluded from meetings or projects after becoming parents. Others see promotions go to colleagues without family responsibilities.

Bias can also emerge in everyday interactions. A supervisor might question whether a new mother is “ready to commit fully” or imply that a father “doesn’t need paternity leave.” These statements reinforce stereotypes and can create a hostile work environment. Employees who raise concerns about fairness may then face subtle retaliation, such as unfavorable scheduling, unwarranted discipline, or reassignment.

Legal Protections for Workers in California

California has some of the strongest workplace protections in the nation for employees who experience discrimination tied to family, caregiver, or pregnancy status. These laws are designed to ensure that workers can balance their personal and professional responsibilities without being punished or denied opportunities. When employers advertise “family-friendly” benefits but fail to uphold them in practice, these legal frameworks give employees the right to challenge such behavior.

The Fair Employment and Housing Act (FEHA)

The California Fair Employment and Housing Act (FEHA) serves as the cornerstone of anti-discrimination law in the state. It prohibits employers from discriminating based on sex, gender, pregnancy, marital status, or family responsibilities. FEHA applies to all aspects of employment, including hiring, promotions, compensation, and termination. For example, it is illegal for a supervisor to deny a promotion to a mother on the assumption that she’s “too busy with her kids,” or to retaliate against an employee for requesting time off to care for a family member. FEHA also protects employees from harassment and retaliation when they assert their rights or file complaints.

The California Family Rights Act (CFRA)

The California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of job-protected leave in a 12-month period for certain qualifying reasons. This includes caring for a new child (through birth, adoption, or foster placement), a seriously ill family member, or the employee’s own serious health condition. Under CFRA, an employer cannot deny leave, retaliate against an employee for using it, or take adverse action because of absences protected by the law.

Pregnancy Disability Leave (PDL)

For employees who are pregnant or have recently given birth, Pregnancy Disability Leave (PDL) offers additional protections. PDL provides up to four months of leave for employees who are disabled by pregnancy, childbirth, or related medical conditions. 

This leave is separate from and in addition to CFRA leave, meaning a pregnant employee may be entitled to take PDL before giving birth and then take CFRA leave afterward to bond with the child. Employers are prohibited from terminating or demoting an employee for taking this leave or requesting related accommodations.

The Equal Pay Act

The California Equal Pay Act and related gender equity laws further strengthen these protections. Employers must provide equal pay for substantially similar work regardless of gender. They cannot use caregiving responsibilities or part-time status as pretexts for paying one employee less than another performing the same duties.

Together, these overlapping laws create a powerful safety net for employees. Workers who experience discrimination because they used or requested family-friendly benefits can often bring claims under multiple statutes. For example, an employee demoted after returning from maternity leave may have a valid FEHA claim for gender discrimination, a CFRA claim for retaliation, and an Equal Pay Act claim if compensation was reduced unfairly. This layered system allows attorneys to hold employers accountable when their public image of inclusivity doesn’t match their internal practices.

How to Document and Respond to Discrimination

When workplace discrimination hides behind the guise of “family-friendly” policies, evidence becomes critical. Many employees notice small shifts in treatment rather than overt hostility, making careful documentation essential to proving a pattern of bias.

1. Keep Records of Discrimination and Retaliation

Start by keeping detailed records of any incident that feels retaliatory or discriminatory. Save all relevant emails, memos, text messages, and meeting notes. If a supervisor makes comments about your family responsibilities, document the date, time, and exact words used.

Keep copies of performance reviews, job assignments, and any changes to your duties or compensation, especially if those changes occur soon after requesting or taking family-related leave.

2. Compare Your Treatment to Others

Next, compare your treatment to that of similarly situated coworkers. If others who did not take parental leave or request flexible schedules are promoted or praised while you face criticism or exclusion, that comparison may reveal unequal treatment. Patterns across departments or teams can also demonstrate systemic discrimination.

3. Look for Unbalanced Enforcement 

It’s equally important to track discrepancies between official policies and how they’re enforced. If your employer’s handbook promotes flexible work or family leave but managers discourage or penalize its use, that inconsistency can serve as powerful evidence of hypocrisy and retaliation.

4. Consider Internal Complaints vs. Legal Action

If you decide to report discrimination internally, follow formal procedures outlined in your employee handbook. Submit complaints in writing to HR or management, clearly describing the events and referencing relevant dates and policies. Keep a personal copy of all correspondence. Avoid discussing your complaint casually with coworkers, as HR investigations often rely heavily on documented evidence and consistent statements.

Filing an internal complaint is often a good first step, but it may not resolve the problem. Some employees find that raising concerns only leads to further retaliation or subtle ostracism.

When internal remedies fail, or if the discrimination is severe, you can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). These agencies investigate claims and may issue a “right-to-sue” letter, allowing you to pursue legal action.

Timing is crucial. In California, employees typically have three years from the date of the alleged violation to file a complaint with the CRD. The sooner you act, the easier it is to gather evidence and witness statements.

5. Prepare for Retaliation

Finally, protect yourself against retaliation. California law prohibits employers from punishing employees for filing complaints, cooperating in investigations, or asserting their legal rights. Retaliation can take many forms: 

  • Sudden schedule changes
  • Demotions
  • Disciplinary write-ups
  • Exclusion from meetings 

If you experience any of these after speaking up, add them to your documentation.

If internal reporting doesn’t resolve the issue or if retaliation continues, it’s time to speak with an employment attorney. Legal counsel can help you evaluate your claims, file a complaint with the CRD or Equal Employment Opportunity Commission, and ensure your rights are protected at every stage.

By staying organized, proactive, and informed, employees can turn the documentation of mistreatment into a compelling case for justice. It also ensures that “family-friendly” policies are more than just a marketing slogan.

What Counts as a Case for Workplace Discrimination?

A successful discrimination case requires clear evidence showing that an employer’s actions were motivated by bias or retaliation. Attorneys evaluate whether policies were applied inconsistently or whether decisions were influenced by stereotypes about caregivers.

Evidence might include changes in pay, performance ratings, or assignments following family-related leave; written communications discouraging employees from taking time off; or a pattern of exclusion targeting parents or caregivers.

Remedies for successful claims can include reinstatement, back pay, promotion opportunities, compensatory damages for emotional distress, and even punitive damages in egregious cases. Courts can also require employers to revise their policies and training programs to prevent future discrimination.

How Le Clerc & Le Clerc, LLP Can Help

At Le Clerc & Le Clerc, LLP, we have extensive experience representing employees who have faced discrimination despite their employer’s so-called family-friendly policies. Our attorneys understand how these cases unfold and how employers attempt to conceal discriminatory motives behind vague performance metrics or “business needs.”

We take a strategic approach to every case, from reviewing documentation and interviewing witnesses to negotiating settlements or pursuing litigation when necessary. Our firm has successfully challenged employers who retaliated against workers for taking parental leave, requesting flexibility, or caring for loved ones.

We know that many employees hesitate to come forward out of fear of losing their jobs. Our goal is to empower clients to protect their rights while navigating sensitive workplace dynamics with discretion and strength.

Preventive Takeaways for Employees

If you’re considering employment with a company that advertises family-friendly values, look beyond the marketing. Ask how policies are implemented in practice. Do employees actually take full parental leave without penalty? Are flexible work options available to all, or only certain roles?

Before requesting time off or modified hours, review your company’s written policies and consult with an attorney if something seems unclear. Understanding your legal rights can help you anticipate potential issues and document them early.

Most importantly, don’t assume unfair treatment is inevitable. The law is designed to protect workers from being punished for having families, pregnancies, or caregiving responsibilities.

Talk to Working Parent Discrimination Attorneys at Le Clerc & Le Clerc, LLP

“Family-friendly” benefits should empower employees, not serve as empty promises masking discriminatory practices. When employers fail to live up to their stated values, workers have every right to hold them accountable.If you believe your employer has discriminated against you for taking leave, requesting accommodations, or balancing family and work responsibilities, contact Le Clerc & Le Clerc, LLP. Our attorneys are dedicated to protecting the rights of California employees and ensuring that every workplace lives up to its commitments.

California’s “Family-Friendly” Employer Requirements: Is Your Workplace Compliant?

California has earned a reputation as one of the most worker-friendly states in the nation, and nowhere is this clearer than in its family-friendly workplace laws. For employees, these protections mean you can take time off to care for a new baby, support a sick loved one, or balance work with family duties without the constant fear of losing your job.

Yet many workers don’t realize the full scope of their rights. Others are misled by employers who either don’t understand the law themselves or hope employees won’t ask questions. This lack of clarity leaves some people afraid to use their benefits or unsure of what to do if their employer pushes back.

Keep reading to learn more about California’s family-friendly requirements so you know where you stand. From workplace flexibility and paid sick leave to parental leave and protections against discrimination, here is what every California worker should understand about their rights.

Understanding Your Rights in California

Federal laws, such as the Family and Medical Leave Act (FMLA), provide a starting point, but they apply only to larger employers and exclude many workers. California expands these protections significantly. State laws such as the California Family Rights Act (CFRA), Paid Family Leave (PFL), and Pregnancy Disability Leave (PDL) apply more broadly, covering small businesses and offering stronger benefits.

Unlike federal law, many California protections extend to workers at companies with as few as five employees. This means even if you work at a small startup, family-owned store, or nonprofit, you may still have the right to take leave or request accommodations.

Enforcement is carried out by state agencies, such as the California Civil Rights Department (CRD) and the Employment Development Department (EDD). If your rights are violated, you can file a complaint, and in many cases, you can also bring a lawsuit with the help of an attorney.

Workplace Flexibility and Time Off

California law recognizes that employees cannot always separate their work and family responsibilities. Flexibility is built into several legal protections.

Every employee in California is entitled to paid sick leave. You accrue at least one hour of sick leave for every 30 hours worked, and you can use this time for your own illness or to care for a family member. Under the “kin care” law, you can use up to half of your sick leave to care for others, including children, parents, spouses, grandparents, grandchildren, siblings, or registered domestic partners.

Some cities go further. In San Francisco, the Formula Retail Employee Rights Ordinance provides workers in certain industries with predictable schedules, allowing them to plan childcare and family time. This kind of predictability is especially valuable for parents who rely on daycare pickup windows or workers who are responsible for elder care.

Remote work is not a guaranteed right, but the COVID-19 pandemic showed that many jobs can be done effectively from home. While your employer does not have to allow telecommuting, many workplaces now recognize it as a reasonable accommodation, particularly for parents with unique caregiving needs.

Parental Leave Rights

Parental leave is one of the strongest protections California offers, and it’s an area where state law goes far beyond federal requirements.

The California Family Rights Act (CFRA) gives eligible employees up to 12 weeks of job-protected leave to bond with a new child. This applies whether the child is born, adopted, or placed with you through foster care. Unlike the federal FMLA, which covers only employers with 50 or more employees, the CFRA applies to workplaces with as few as five employees. That means far more workers qualify in California than under federal law.

In addition, Paid Family Leave (PFL) helps you cover your bills while you are away from work. Through California’s disability insurance program, PFL provides partial wage replacement, usually 60 to 70 percent of your earnings, for up to eight weeks. You apply directly through the Employment Development Department. Still, your employer must provide you with notice and paperwork so you can claim benefits.

Pregnancy Disability Leave (PDL) is another layer of protection. If you cannot work due to pregnancy-related conditions such as severe morning sickness, bed rest, childbirth recovery, or complications, you can take up to four months of leave. This time does not count against your CFRA bonding leave, so you may be entitled to both PDL and bonding leave in the same year.

For nursing parents, California law requires employers to provide break time and a safe, private space (not a bathroom) for lactation. This applies to nearly all employers, regardless of size. If your employer fails to provide this, they may be violating the law.

Protection Against Discrimination and Retaliation

Even with strong leave rights, many employees hesitate to use them for fear of retaliation. California law makes it clear: you cannot be punished for exercising your rights.

The Fair Employment and Housing Act (FEHA) prohibits discrimination based on pregnancy, childbirth, and related conditions. If you are treated differently because you are pregnant, breastfeeding, or have caregiving responsibilities, that may be unlawful discrimination.

Retaliation is also illegal. For example, if you take CFRA leave and your employer responds by cutting your hours, denying promotions, or terminating you, you may have a valid retaliation claim. Employers are required to reinstate you to your same position or a comparable one after leave.

These protections are important because retaliation can be subtle. An employer may argue they are making “business decisions.” However, if the timing coincides with your leave request or return, it may signal unlawful conduct. Documenting your interactions with supervisors is critical if you suspect retaliation.

Local Laws That Provide Extra Protections

California already offers broad protections, but some cities have passed even stronger rules.

San Francisco’s Paid Parental Leave Ordinance requires certain employers to supplement state Paid Family Leave benefits so that parents on leave receive their full wages for the duration of their bonding time. This means parents in San Francisco may not experience any loss of income during leave, unlike those in other parts of the state.

Other cities have experimented with predictive scheduling, childcare-related accommodations, and expanded sick leave. Because these laws vary, employees working in multiple cities or remotely should check both state and local requirements. In nearly all cases, the law most favorable to the worker will apply.

What to Do if Your Rights Are Violated

If your employer denies you leave, pressures you to cut it short, or retaliates against you after you return, you do not have to accept it. California law gives you several ways to respond.

First, document everything. Keep records of your leave requests, doctor’s notes, and any written communications with your employer. Save emails, text messages, and notes from conversations. These records can make a difference in proving your case later.

Second, contact the appropriate agency. For discrimination and retaliation claims, you can file with the California Civil Rights Department (CRD). For Paid Family Leave disputes, the Employment Development Department (EDD) oversees benefits.

Finally, consider speaking with an attorney. Employment lawyers can explain your rights, evaluate your employer’s conduct, and help you pursue compensation. Remedies may include reinstatement to your job, back pay, emotional distress damages, and even punitive damages in severe cases.

How Le Clerc & Le Clerc, LLP Can Help

At Le Clerc & Le Clerc, LLP, we represent employees who have faced workplace violations related to family leave, pregnancy accommodations, and discrimination. We understand the pressure workers face when forced to choose between their job and their family, and we work to ensure that no one has to make that difficult decision.

Our attorneys have experience holding employers accountable when they ignore California’s family-friendly laws. We help workers recover compensation, get reinstated, and protect their futures. If you are unsure of your rights or believe your employer has violated the law, our team can guide you through your options.

California’s family-friendly laws give workers powerful protections to support themselves and their families. Whether you are taking bonding leave, requesting pregnancy accommodations, or using paid sick time to care for a parent, you have legal rights that your employer cannot ignore.

Unfortunately, many employees do not realize the full extent of these protections until a problem arises. By learning your rights now and seeking legal advice if something goes wrong, you can protect both your job and your family.

FAQs About Your Rights as a Working Parent in California

Do I qualify for parental leave if I work at a small business?

Yes. The CFRA applies to businesses with as few as five employees, so many workers qualify even if they are employed by a small company.

How much pay will I receive under Paid Family Leave?

PFL provides up to eight weeks of partial wage replacement, typically between 60 and 70 percent of your regular pay, depending on your income level.

Can I take time off if my child or parent is sick?

Yes. California’s paid sick leave and kin care laws allow you to use sick time to care for family members as well as yourself.

What should I do if my employer retaliates against me for taking leave?

Document all interactions, file a complaint with the CRD or EDD, and consider contacting an attorney for help pursuing compensation.

Does my employer have to provide a lactation space?

Yes. Employers must provide a clean, private space (not a bathroom) along with reasonable break time for lactation.

Can Employers Refuse to Hire You Because You Have Kids?

Job seekers who are also parents often face unspoken bias during the hiring process. Whether it’s the subtle narrowing of opportunity, an offhand comment in an interview, or being passed over in favor of someone assumed to have fewer responsibilities, working parents frequently experience discrimination that’s difficult to prove but deeply felt. 

While some forms of bias are explicitly illegal under California law, others exist in gray areas that still allow employers to unfairly sideline caregivers. Below, we break down whether employers can legally refuse to hire someone because they have kids, what the law says, and how applicants can fight back.

The Legal Landscape: Is It Illegal to Discriminate Against Parents?

Under federal law, there is no specific statute that prohibits discrimination based purely on parental status. Title VII of the Civil Rights Act bars discrimination based on sex, race, religion, and national origin, but it does not directly name “parent” or “caregiver” as a protected class. However, if a parent experiences discrimination that overlaps with one of the protected categories, such as being treated unfairly because of gendered assumptions about parenting, it may still be actionable.

The legal theory known as Family Responsibilities Discrimination (FRD) has gained traction over the past two decades. FRD occurs when an employer makes hiring, firing, or promotion decisions based on assumptions about a person’s caregiving duties. Although not always directly codified, courts have increasingly found that certain acts of parental discrimination may violate existing employment laws, particularly when they intersect with gender stereotypes.

California Law Offers Stronger Protections

California law goes further than federal law in many areas of employee rights, and this includes protections for working parents. The Fair Employment and Housing Act (FEHA) prohibits discrimination based on sex, gender, marital status, and other protected characteristics. Because parental discrimination often stems from gender-based assumptions (like the belief that mothers are less committed to their jobs), an employer’s decision to reject a candidate because of caregiving duties can violate FEHA.

For example, refusing to hire a qualified woman because she “might be distracted by her kids” or “seems like she’ll need a lot of time off” can amount to illegal sex discrimination. Similarly, discriminating against a father for requesting flexible hours or paternity leave can also violate FEHA if rooted in gender stereotypes.

While California does not yet list “parental status” as a standalone protected class, plaintiffs can and do bring successful claims under FEHA by demonstrating that the discrimination they faced was based on a protected characteristic related to caregiving.

Common Scenarios of Parental Discrimination in Hiring

Many acts of parental discrimination go unspoken or are masked behind seemingly neutral language. But the signs are often clear to those who experience them. Examples include:

  • Illegal Interview Questions: These include questions such as “Do you have kids?” or “How do you manage child care?” These questions are not just inappropriate: they are often illegal because they can be used to unfairly screen out parents.
  • Assumptions About Time Commitment: This looks like questioning whether a parent would be able to work late or attend business travel, based on their family situation.
  • Bias Against Single Parents: They may be seen as having fewer resources or being less reliable.
  • Discrimination Against Fathers: Employers may penalize men who don’t conform to outdated gender norms.
  • Penalizing Parents of Children With Disabilities: This may implicate protections under the Americans with Disabilities Act if the employer is discriminating due to the association with someone with a disability.

These scenarios demonstrate how “neutral” hiring decisions may, in practice, be deeply biased against those with family responsibilities.

When Parental Discrimination Crosses Into Other Legal Violations

Because parental status is often connected to other legally protected characteristics, discrimination claims are often brought under broader theories. For example:

  • Gender Discrimination: Stereotyping mothers as less committed or available violates Title VII and FEHA. Courts have held that treating men and women differently based on assumptions about caregiving is illegal.
  • Marital Status Discrimination: In California, it is illegal to treat someone differently because they are single, married, divorced, or widowed. Employers who refuse to hire single parents may run afoul of this protection.
  • Disability Association Claims: The ADA prohibits discrimination against someone because of their relationship with a person with a disability. This includes rejecting candidates who have children with special needs.
  • Retaliation: If a job applicant asserts rights protected by law, such as asking about leave policies or filing a complaint, and is rejected as a result, that may constitute unlawful retaliation.

These overlapping claims strengthen the legal options available to job applicants who suspect they’ve been discriminated against.

What to Do If You Suspect Bias Because You’re a Parent

If you believe you were unfairly rejected from a job opportunity because of your status as a parent, you should begin by documenting everything. Red flags can include:

  • Interviewers asking personal or family-related questions
  • Comments implying you would not be able to commit fully to the job
  • Sudden change in tone after revealing your family situation
  • Job postings with language that excludes or discourages caregivers

Keep records of your interactions with the employer, including emails, call notes, and details about the interview. If the employer gave you feedback on why you were not hired, keep that as well. Any inconsistencies or vague explanations may support your claim.

If you’re unsure whether your experience rises to the level of illegal discrimination, consult an employment attorney as early as possible. A lawyer can help you assess your options, preserve your rights, and navigate the complaint process if necessary.

How to File a Complaint

In California, you may file a complaint with the Civil Rights Department (CRD) (formerly the Department of Fair Employment and Housing) or the U.S. Equal Employment Opportunity Commission (EEOC). The agencies have a work-sharing agreement, so filing with one often satisfies the requirement for both.

You typically have three years to file a complaint with the CRD and 300 days to file with the EEOC from the date of the discriminatory act. Your attorney can help you determine the best forum for your case.

Strong evidence for your complaint may include:

  • Records of discriminatory comments
  • Notes from the interview or job application process
  • Comparison with how non-parent applicants were treated
  • Any company policies or communications that suggest bias

If your claim is successful, you may be entitled to compensation for lost wages, emotional distress damages, attorney’s fees, and possibly injunctive relief, such as changes to the employer’s hiring practices.

Preventing Parental Discrimination in the Workplace

Employers can avoid liability and foster an inclusive work environment by training their hiring managers to:

  • Avoid personal questions about children or caregiving
  • Focus on job qualifications and performance expectations only
  • Use neutral language in job postings
  • Create family-friendly policies that are applied fairly to all employees
  • Understand that parental status discrimination often overlaps with illegal forms of bias

Proactive compliance is not just about avoiding lawsuits; it’s about building a workplace where talented candidates aren’t excluded simply because they also happen to be parents.

Frequently Asked Questions

Can employers ask if I have children during an interview?

No. While the question may seem innocent, it can be used to screen out parents. In California, this is considered inappropriate and potentially discriminatory.

What if I was the most qualified candidate but didn’t get the job?

If you have evidence that your parental status played a role in the decision, you may have a case. Document what happened and consult a lawyer.

Is bias against fathers illegal, too?

Yes. Discriminating against fathers for taking on caregiving roles may violate gender discrimination laws.

Can I sue even if I never got an offer?

Yes. The law protects job applicants as well as employees. Refusal to hire based on discrimination is just as illegal as firing someone for discriminatory reasons.

How long do I have to file a claim?

In California, you have up to three years to file with the CRD and 300 days with the EEOC, but it’s best to act as soon as possible.

You Don’t Have to Accept Discrimination

No one should be denied a job because they have children. While the law is still evolving, California offers robust protections for job applicants facing discrimination due to family responsibilities discrimination. If you believe an employer rejected you based on your parental status, don’t stay silent. You may have legal options.At Le Clerc & Le Clerc, LLP, we are committed to fighting workplace discrimination in all its forms. Contact us today for a free consultation to discuss your rights and next steps.

Can Your Employer Penalize You for Taking Time Off for a Sick Child?

Nothing introduces surprises into your life quite like having a child. More often than not, those surprises are great, bringing copious amounts of joy to your family. Then there are the surprises that are less exciting, like sudden illnesses. Whether minor or serious, when part of your family is bedridden, you want to be home to manage as much of the unexpected chaos as you can. But what about your job? Can your employer penalize you for taking time off to care for your sick child? 

California has several employee protections to aid with all the unexpected ups and downs of unpredictable family health conditions, such as the California Family Rights Act (CFRA), the Family and Medical Leave Act (FMLA), and California’s Kin Care Law. Understanding these laws is imperative for you to successfully tend to any family medical needs while maintaining your employee rights. If these rights are violated by your employer, whether via a wrongful termination or illegal retaliation, an experienced employee law attorney can help. 

Why Parents Need Legal Protection When Caring for a Sick Child

Some health care is easy to plan for, like scheduled surgery or the birth of a child, but life can’t always be predictable. Sudden illness, chronic pain flare-ups, and all types of accidents happen, and you want to be available when your family needs you. Some employers may react poorly to unexpected leave, saying that you didn’t give enough notice or they can’t spare you right now with “the big deadline coming up.” By understanding your different options and your company’s policies before an emergency, you can quickly and correctly utilize all of your available leave and legally shield yourself from any negative feedback or retaliation.

California Family Rights Act (CFRA): What It Covers

CFRA requires employers with five or more employees to provide up to 12 weeks of protected job leave during a 12-month period for employees to either care for their own medical needs or those of their family. To qualify for CFRA, you must have worked for your employer for more than a year and have worked at least 1,250 hours during the previous 12 months. CFRA’s 12-week period covers caring for a “designated person” or “any person related by blood to the employee – such as the employee’s aunt, uncle, or cousin. A designated person can also be any person who is like family to the employee, such as the employee’s unmarried partner or best friend (when in a relationship equivalent to family).”

Though an employer is required to provide this time off and continue your benefits, they are not required to pay you when using CFRA. There are different types of paid disability you may qualify for through the state, such as California’s Paid Family Leave program or State Disability Insurance. Employers may also require you to support your leave with a medical certification issued by a healthcare provider. If using CFRA for planned medical needs, you should provide as much notice as possible, but in unforeseen circumstances, you must provide your employer with notice as soon as possible within 15 days after starting leave. What an employer may not do is retaliate against you for rightfully using CFRA. Forms of retaliation include negative employee reviews, demotions, denying promotion opportunities, or termination. 

Family and Medical Leave Act (FMLA): Federal Protection for Parental Leave

FMLA, a federal employee protection used across the United States, is similar to CFRA but has some key differences. Employee qualifications are the same for both FMLA and CFRA and both provide 12 weeks of protected leave within a 12-month period. However, FMLA is only required of employers with 50 or more employees rather than five or more. While FMLA does cover time off to take care of your child, “designated persons” are restricted to a spouse, child, or parent. 

You can use both FMLA and CFRA during a 12-month period. CFRA is more lenient in what it covers, so it is suggested to use that first, and then if the care for your family extends past the initial 12 weeks of CFRA and is still covered by FMLA, you can take protected job leave for up to 24 weeks. With FMLA, employers may require more documentation, such as a second or third medical opinion or periodic re-certification of the medical needs.

Kin Care Law in California: Using Sick Leave for a Child’s Illness

California’s Kin Care Law (Labor Code § 233) provides you with another way to take time off to care for your child. Employers who provide sick leave must allow employees to use the amount of sick time accrued during six months of working to attend to family health concerns. Under Kin Care, family includes your child, spouse, domestic partner, parent, grandparents, grandchild, or sibling.

While helpful if you have available sick leave and time needed for care is short, Kin Care is attached to leave that is already available to you, while CFRA and FMLA are additional leaves outside of what your employer provides. Kin Care is an excellent option when:

  • No advance notice can be given
  • The care period is predicted to be a short time frame
  • If your company, you, or your reason for needing leave does not qualify for CFRA or FMLA

For unexpected incidents like car accidents, injuries, or chronic pain flare-ups, Kin Care allows you to quickly attend to your family’s medical needs.

Can an Employer Penalize You for Taking Time Off for a Sick Child?

Employers cannot retaliate or penalize employees who use CFRA, FMLA, or Kin Care. Retaliatory or penalizing actions could be:

  • Demotion
  • Termination
  • Disciplinary actions
  • Job reinstatement to a lower position

If an employer retaliates because of your leave, there are legal paths that can provide you with financial compensation and job reinstatement. 

These legal paths are available if you take a protected absence, such as leave under CFRA or other California laws. If an absence is unprotected, though, like taking CFRA for reasons other than its intended use, an employer may have ways of penalizing you. Types of unprotected absences include:

  • Not providing enough notice when capable of doing so
  • Not providing medical certification
  • Not using CFRA, FMLA, or Kin Care for protected uses (newborn, adoption, or foster bonding, care for qualifying family members (or military members) with serious health conditions, or qualifying incidents of domestic abuse, sexual assault, and stalking)
  • Using more than half your sick leave to care for family under Kin Care

Before taking leave, read through company policies to fully understand what an employer expects of you when taking leave, and work through any confusing policies with HR or with legal aid.

When Your Time Off Is Not Protected: Know the Limits

Legal protection might not apply to companies too small to qualify for CFRA or FMLA. Other times you may not be protected are when you:

  • Extend your leave beyond the 12 weeks or outside of the 12-month period.
  • Use leave for unprotected scenarios. 
  • Don’t provide adequate notice (in both foreseen and unforeseen circumstances) or medical documentation.
  • Have an employee status that does not qualify for leave, such as being an independent contractor or not working the 12 months and 1,250 hours.

You may have limited legal options if you use unprotected leave.

What to Do If You Face Retaliation for Caring for a Sick Child

Signs you may be facing illegal retaliation range from termination or a pay cut to negative social consequences, such as being passed over for promotions, negative feedback, or exclusion from projects or events. If you feel any actions taken against you are in retaliation to using your protected leave, gather information regarding your leave, document any evidence, including verbal and electronic conversations, report concerns to HR, and consult an attorney. If you want to take legal action, you can file a complaint with the California Civil Rights Department (CRD) or U.S. Department of Labor. With proper counsel, potential remedies could include reinstatement, back pay, and emotional distress damages.

How a California Employment Attorney Can Help

Seeking legal guidance at the first sign or relation or in the event of a wrongful termination is invaluable. An employment lawyer can assess the legitimacy of your case, help gather evidence, and represent you in a claim or lawsuit, providing knowledge and experience to secure you your best outcome. At Le Clerc & Le Clerc, LLP, we only represent employees and are dedicated to protecting employee rights. We have years of experience representing parents in cases about FMLA, CFRA, and other types of leave, as well as workplace compensation, disability, and discrimination cases.

When you need time off to care for your sick child, CFRA, FMLA, and Kin Care provide legal job protection. While employers may not penalize you for protected leave, understanding the scope and limits of these leave types is crucial to ensure a smooth leave and return to work. If you are unsure if you qualify for medical leave or feel your employer has illegally retaliated against your leave use, contact Le Clerc & Le Clerc, LLP for a confidential consultation.

What to Do If Your Employer Demands You Return to Work Early From Parental Leave

Parental leave is a critical time for bonding with a newborn or newly adopted child, yet some employers attempt to pressure employees into returning to work before their legally protected leave has ended. In California, employees have robust protections under both state and federal law that shield them from such coercion. If your employer is demanding that you cut your leave short, understanding your rights under the California Family Rights Act (CFRA), the Family and Medical Leave Act (FMLA), and the Pregnancy Disability Leave (PDL) law is essential.

Your Legal Right to Take Parental Leave in California

California has some of the strongest parental leave protections in the nation, ensuring that eligible employees have the right to take time off without fear of retaliation or job loss. The two primary laws governing parental leave in California are CFRA and FMLA, while PDL provides additional protections for birth mothers experiencing medical complications related to pregnancy or childbirth.

  • California Family Rights Act: Provides up to 12 weeks of unpaid, job-protected leave for employees who have worked at least 12 months for an employer with five or more employees. This time can be used for bonding with a newborn, adopted child, or foster child.
  • Family and Medical Leave Act: A federal law that also provides 12 weeks of unpaid, job-protected time for similar reasons. However, FMLA applies only to employers with 50 or more employees within a 75-mile radius.
  • Pregnancy Disability Leave: If a birth mother experiences complications before or after delivery, she may qualify for up to four months of additional unpaid leave under PDL, separate from CFRA.

Because CFRA and FMLA run concurrently, many employees take a total of 12 weeks of leave. However, a birth mother who requires additional recovery time under PDL could take up to four months of PDL before using the 12 weeks of CFRA bonding time, resulting in a significantly longer time away.

Employer Tactics to Force Early Return From Parental Leave

Some employers attempt to pressure employees into returning early from parental leave, often using tactics that violate state and federal law. These include:

  • Threats of Job Loss or Demotion: Employers may falsely claim that an employee’s position is not guaranteed upon return to work. Under CFRA and FMLA, employees have the right to return to the same or a comparable position.
  • Unlawful Contact and Harassment: Employers may call, email, or text repeatedly during leave, urging an early return. While minimal communication about work matters may be reasonable, persistent demands for an early return can amount to interference with parental rights.
  • Misrepresentation of Employment Laws: Some employers incorrectly state that CFRA or FMLA only provides a few weeks of time off or claim that employees must return early if their work is needed. Neither of these claims is legally valid.
  • Retaliation Upon Return: Employees who refuse to cut their time off short may face retaliation, such as reduced hours, exclusion from key meetings, or an unfavorable reassignment. Such actions may violate CFRA’s anti-retaliation provisions.

What to Do If Your Employer Pressures You to Return Early

If you are being pressured to return early from parental leave, take the following steps to protect your rights:

1. Document Every Communication

Keep a record of all emails, phone calls, text messages, or other communications from your employer related to your time off. If your employer insists on an early return, ask them to provide their request in writing. Employers often back down when they realize their actions may be legally challenged.

2. Know and Assert Your Rights

Clearly communicate to your employer that you are entitled to your full 12 weeks under CFRA and FMLA. You may say something like: “I am legally entitled to take 12 weeks of CFRA leave, and I intend to use my full 12 weeks. I expect to return to my position as guaranteed under the law.”

3. Consult Your Employee Handbook or HR Department

Many employers have written policies on parental leave that confirm CFRA and FMLA protections. If your employer’s HR department is pressuring you to return early, refer to these policies to reinforce your case.

4. File a Complaint with the California Civil Rights Department (CRD) or U.S. Department of Labor (DOL)

If your employer is violating your rights, you can file a complaint with the California Civil Rights Department (CRD), which enforces CFRA, or the U.S. Department of Labor’s Wage and Hour Division, which enforces FMLA. Employers that interfere with protected time off or retaliate against employees can face legal penalties.

5. Seek Legal Assistance

If your employer continues to violate your rights, an employment law attorney can help. A lawyer can file a legal claim on your behalf, demand reinstatement, or seek damages for lost wages and emotional distress caused by employer retaliation.

What Happens If Your Employer Fires You for Not Returning Early?

If you are terminated or demoted for taking legally protected leave, you may have a wrongful termination or retaliation claim. California law prohibits employers from taking adverse actions against employees who exercise their CFRA rights. Remedies may include:

  • Reinstatement to your previous job
  • Back pay for lost wages
  • Compensation for emotional distress
  • Attorney’s fees and legal costs

Can Your Employer Claim “Undue Hardship” as a Justification?

Some employers argue that allowing an employee to remain away creates an “undue hardship” on the business. However, CFRA and FMLA do not allow employers to refuse time off requests or demand an early return based on business needs. Employees are entitled to the full duration of their legally protected time away, regardless of how their absence affects workflow.

Talk to the Parental Leave Discrimination and Retaliation Professionals

If your employer is demanding that you return to work early from parental leave, you do not have to comply. California law provides strong protections against employer interference, and you have the right to take the full period allowed under CFRA and FMLA. If your employer refuses to honor your rights or retaliates against you, you may have legal recourse. Consulting with an experienced employment attorney can help you take the appropriate steps to defend your rights and hold your employer accountable.

If you are facing pressure from your employer to return early from parental leave, contact Le Clerc & Le Clerc LLP today to discuss your options and protect your rights.

How to Divide Parental Leave Under the CFRA

The California Family Rights Act (CFRA) allows eligible employees to take up to 12 weeks of non-paid protected leave during the first 12 months after the birth of a child, foster placement, or adoption completion. CFRA is vital for new parents to adjust to their new family life and bond with their new family members without worrying about losing their jobs or health benefits. 

Strategically using CFRA ensures that everyone has time and energy to be present during those early stages of child and family development in an impactful and positive way. Despite how important this time is, many parents are not aware of all of the rights CFRA secures them and the different ways they can combine and coordinate their time off. Parents creating an effective and balanced leave schedule is essential to kicking off a successful and bright future for their new family. 

Understanding Parental Leave Under the CFRA

Designed to cover a wide range of employees in California, an employee qualifies for CFRA if:

  • They work for an employer with five or more employees.
  • They have worked at least 1,250 hours in the past 12 months.
  • They have at least 12 months of service with their employer.

CFRA ensures new parents 12 weeks of unpaid, job-protected leave for child bonding and family development after birth, adoption, or foster placement. This leave can be taken during the first year after the child’s arrival. For birthing parents, it is important to note that CFRA is separate from Pregnancy Disability Leave (PDL). If a birthing parent is left disabled at any point during their pregnancy, they are entitled to both PDL (up to four months, depending on the severity of the disability) and CFRA.

While some employers allow pay continuation for employees using CFRA, for some or all of the 12 weeks, the act only requires 12 weeks of unpaid, job-protected leave. Even though employees are entitled to take that time off and are guaranteed the same job and title once they return to work, companies are not required to pay them. Employees who work at companies that decide not to pay those who use this 12-week leave can face financial stress, but there are ways to supplement any unpaid time. During CFRA leave, employees may be eligible for wage replacement benefits from the California Family Paid Leave (PFL) for up to eight weeks. Employees may need to use PTO, vacation time, sick leave, or Family and Medical Leave (FMLA) to supplement other weeks.

Coordinating Parental Leave Between Two Parents

When two parents are involved with a new family, they must coordinate their leave effectively. CFRA allows each parent to take their own, individual 12-week leave. Suppose both parents work for the same employer. In that case, however, the company may have policies to limit the amount of combined time taken by both parents. Employees should work with HR to understand how the company treats CFRA leave. 

Parents do not have to take the same period of leave, though. Alternating when parents use their leave can provide an extended period of care for the new child. Parents can take their 12 weeks at any point during the year after the birth, adoption, or foster placement, so they can have a combined 24 weeks of care, one taking their 12 weeks right away while the other takes their leave after the other returns to work. 

Another way to strategically leverage CFRA is to have parents switch off when they take leave. Both may want to take two weeks together right after the birth, adoption, or placement and then alternate their leaves monthly until they’ve used all of their 12 weeks. This rotational leave allows a parental presence to always be available to the child during the critical early stages of their life or adoption/foster transition. Switching up when parents are home together and when one is away while one says home can also help to establish different family dynamics. How parents use intermittent leave is dependent on what type of flexibility an employer provides to those using CFRA.

The best way to maximize the benefits of CFRA for the family depends on a few factors, such as the child’s development, employer flexibility, and work responsibilities. The first year of a child’s life, or the adjustment period for an adoption or foster placement, is a fragile time, and having a parent always available can smooth out the rough patches. Sudden health emergencies can also creep up, and the ability to be flexible with leave is essential. Flexibility depends on both the parents and employer. 

Parents should be prepared to change their CFRA plans to help with their child’s changing needs. Still, these plans may be limited based on the employer’s policies regarding how employees can use CFRA, such as a two-week minimum per use or the ability to use part-time leave. Working with the employer is imperative to ensure that your rights and your job are protected. Work responsibilities may also play a part in effectively dividing up CFRA. If specific projects or deadlines are known ahead of time, parents can be proactive in planning who uses leave when, which can also help with stress when a parent returns to work.

Legal Rights and Employer Compliance

Employers cannot refuse employees requesting CFRA leave if they are eligible, nor can they retaliate against employees who use it. Employees are entitled to take their full 12 weeks of leave without facing negative consequences, such as being demoted upon returning to work, receiving negative feedback for taking their full leave or losing their jobs entirely. Common CFRA violations employers commit include:

  • Wrongfully denying leave requests: An employer may try denying their employee leave when eligible, citing a number of reasons, including project needs, future deadlines, or impending company changes, which is against the law.
  • Pressuring employees to return early: An employer may pressure an employee to return from leave early to work on new projects, help meet deadlines, or cover duties for employees who left while they were away. They may also threaten the employee with negative reviews if they take their full leave.
  • Retaliating against workers who take their full leave: Employees may face new obstacles after returning to work as an employer’s way of retaliating against them, such as demoting the employee, passing them over for promotions, or eliminating their position altogether.

If an employee thinks their employer has violated CFRA rights through direct actions, unjust policies, or passive negligence, they should file a complaint with the California Civil Rights Department (CRD) or the U.S. Department of Labor. An employee should keep a written record of any resistance, retaliation, or other adverse response to CFRA use and consult with an experienced employment law attorney.

Tips for Negotiating Parental Leave With Employers

Though it is an employer’s responsibility to comply with CFRA and other employment laws, there are steps you can take to help avoid any stress or confusion when planning to take any form of leave. Communicating early with HR and managers allows plenty of time to make any necessary accommodations, set up coworkers for success, and create a specific coverage plan long before it is needed. Making sure your colleagues have everything they need while you’re gone can also relieve, creating a healthier environment for your new family.

HR partners will also know the company’s specific policies around CFRA. They can help you create a CFRA plan that best suits your family’s needs. Some companies may allow part-time leave instead of full-time, either taking afternoons off or working three days a week instead of five. This accommodation could allow extra care and bonding time beyond the first 12 weeks. Another option to which you may have access is working from home full- or part-time so you can multitask between work and taking care of your child.

Knowing your rights under CFRA and being able to cite what California law guarantees can help you assert yourself against any employer pushback. Keep written records of all communications and events regarding your leave, especially moments that infringe on your CFRA rights, and file a formal complaint with both HR and the CRC if necessary.

Professional Legal Counsel for CFRA Claims

Maximizing the benefits of CFRA and effectively dividing up leave between parents is vital for a family’s healthy growth and development. Doing so ensures proper bonding time for the family and less worrying for the parents. They don’t need to be concerned about keeping their job during those 12 weeks. They can intermittently return to work in order to lighten the workload when they are done with leave. Understanding the rights you receive from CFRA and any company policies pertaining to it will help you create a unique post-birth, adoption, and foster plan that best accommodates your family’s needs and does not leave your company without coverage. Doing so will also help you recognize when your rights are being violated and when to contact an experienced employment law firm, such as Le Clerc & Le Clerc, LLP, to ensure your rights are protected.

Time Off for Wildfire Trauma in LA: You May Be Eligible

The recent Southern California wildfires have left a trail of devastation and uncertainty, impacting thousands of families and individuals in profound ways. If you are among those affected, whether personally or through its impact on your immediate family members, it is essential to understand your rights as an employee under California law. 

These rights are designed to protect your ability to recover, care for loved ones, or address any health conditions that may have been exacerbated by this catastrophic event. Many employees do not realize the extent of the protections available to them, making it all the more important to know what options you have during this challenging time.

The California Family Rights Act (CFRA) and Your Right to Leave

The California Family Rights Act (CFRA) offers eligible employees the right to take job-protected leave for specific qualifying reasons. If the wildfires have caused a serious health condition for you or an immediate family member, you may qualify for CFRA leave. A serious health condition encompasses a wide range of medical issues, including any illness, injury, or impairment that necessitates inpatient care or ongoing medical treatment. 

This protection is not limited to physical conditions alone. Mental health conditions caused by trauma, such as anxiety, depression, or post-traumatic stress, also qualify under CFRA, as do physical health conditions like respiratory illnesses that may be aggravated by prolonged smoke exposure.

CFRA grants eligible employees up to 12 weeks of leave within a 12-month period. During this time, your job remains protected, and your employer is required to reinstate you to your original or an equivalent position upon your return. In addition to job security, CFRA also mandates that your employer continue providing health insurance benefits throughout your leave, offering crucial support during a period when maintaining access to medical care may be more important than ever.

Leave for Psychological or Physiological Disabilities

For many, the trauma of the wildfires may trigger or worsen existing disabilities, whether psychological, such as post-traumatic stress disorder (PTSD), or physiological, such as chronic obstructive pulmonary disease (COPD). Under California’s Fair Employment and Housing Act (FEHA), employees with disabilities are entitled to reasonable accommodations from their employers, which may include a leave of absence.

If you find that the stress, smoke, or other effects of the wildfires have caused a flare-up of a pre-existing condition, you may qualify for a leave of absence as a reasonable accommodation. To access this right, you must notify your employer and provide documentation from a healthcare provider detailing your condition and explaining the necessity of leave. This documentation serves as a critical step in ensuring that your employer meets their obligations under FEHA. It’s also important to note that FEHA applies to all California employers with five or more employees, making it one of the most comprehensive protections available to workers in the state.

Beyond leave, FEHA requires employers to engage in an interactive process to determine what additional accommodations may be reasonable based on your individual circumstances. These accommodations might include modified work schedules, temporary remote work arrangements, or adjustments to physical job duties if necessary. By leveraging these rights, you can prioritize your health and recovery while ensuring that your employment remains secure.

Steps to Take If You Need Leave

  1. Notify Your Employer: Begin by informing your employer as soon as you realize the need for leave. Clearly communicate how the wildfires have impacted you or your family and indicate whether your leave request falls under CFRA, FEHA, or any other applicable laws. Early and clear communication is vital to ensuring that your rights are fully protected.
  2. Provide Documentation: Your employer may ask for documentation from your healthcare provider to verify your need for leave. This documentation should describe your condition, the connection to the wildfires, and the anticipated duration of your leave. Ensure that the documentation is thorough, as it forms the basis for your employer’s legal obligation to provide accommodations.
  3. Understand Your Benefits: In addition to job-protected leave, California offers wage replacement benefits through programs like Paid Family Leave (PFL) and State Disability Insurance (SDI). PFL provides up to eight weeks of partial wage replacement for employees caring for a family member with a serious health condition, while SDI supports employees who are unable to work due to their own health condition. Exploring these options can provide financial relief during your time away from work.
  4. Consult Legal Counsel: If your employer denies your request for leave, fails to provide reasonable accommodations, or retaliates against you for asserting your rights, consulting an experienced employment attorney is a critical step. Legal counsel can help you navigate complex workplace issues, enforce your rights, and seek remedies if your employer’s actions violate California law.

Protecting Your Rights Amid the Wildfires

The Southern California wildfires have created unprecedented challenges for individuals and families, many of whom are already grappling with health conditions or caregiving responsibilities. California’s employment laws are designed to offer vital support during such times, ensuring that employees can focus on their well-being without the added stress of job insecurity. These laws, including CFRA and FEHA, reflect a commitment to protecting workers when they need it most.

If you believe your rights as an employee are being infringed upon, or if you have questions about your eligibility for leave, don’t hesitate to seek guidance. Understanding your rights and taking proactive steps can make a significant difference in how you navigate this difficult period. At Le Clerc & Le Clerc, LLP, we are dedicated to helping employees understand and assert their rights under California law. Contact us today for a confidential consultation. Let us help you regain stability and peace of mind during this challenging time.

Big News for Employees of Small Businesses: AB 2011 to Go Into Effect January 1, 2025

On January 1, 2025, California Assembly Bill No. 2011 (AB 2011) will officially go into effect, introducing important changes to workplace protections for employees of small businesses. Sponsored by Assemblymember Rebecca Bauer-Kahan, this new law expands the small employer family leave mediation program to include reproductive loss leave and permanently establishes the program. AB 2011 not only aims to strengthen the existing mediation process but also provides more comprehensive support for workers whose rights are violated.

If you are an employee in California, here is what you need to know about AB 2011 and how it could affect your rights in the workplace.

Understanding AB 2011: Key Changes to California Employment Law

The small employer family leave mediation program, created under the California Fair Employment and Housing Act (FEHA), is designed to resolve disputes between employees and small employers (businesses with 5 to 19 employees) over violations of family care and medical leave laws. Under the previous law, mediated negotiations were available for disputes involving:

  • Family care leave,
  • Medical leave, and
  • Bereavement leave.

AB 2011 expands the program to include reproductive loss leave, ensuring employees have recourse if their rights under this category are violated. Reproductive loss leave covers situations such as miscarriage, stillbirth, or other pregnancy-related losses, providing critical support for employees during emotionally and physically challenging times.

Permanent Implementation of the Program

Prior to AB 2011, the small employer mediation program was scheduled to end on January 1, 2025. This bill removes the expiration date, making the program a permanent feature of California employment law. This ensures that employees of small businesses will continue to have access to mediation services indefinitely.

Tolling of the Statute of Limitations

Under AB 2011, the statute of limitations for claims related to reproductive losses will be paused (or “tolled”) during the mediation process. This provision ensures that employees will not lose their right to pursue legal action due to the time taken to resolve the dispute through mediation.

Conditions for Mediation Completion

AB 2011 clarifies the conditions under which mediation is considered complete. For example:

  • Mediation will end if the mediator determines the employer does not meet the size requirement of 5 to 19 employees.
  • Mediation is also considered unsuccessful if the dispute is not resolved within 30 days of the mediation’s initiation unless more time is deemed necessary by the mediator.

These changes aim to streamline the mediation process while protecting employees from unnecessary delays.

How an Employment Lawyer Can Help If Your Rights Are Violated

While AB 2011 strengthens protections for employees, navigating the legal process can still be challenging. This is where an experienced employment lawyer can make all the difference.

1. Understanding Your Rights

California labor laws are complex, and the nuances of AB 2011 may not be immediately clear to employees. A lawyer can help you understand how reproductive loss leave and other protected rights apply to your specific situation. They can also determine whether your employer has violated these laws.

2. Preparing for Mediation

Before filing a lawsuit, employees must go through the mandatory mediation process. An employment lawyer can:

  • Help you file the necessary paperwork with the Civil Rights Department (formerly the Department of Fair Employment and Housing).
  • Assist in gathering evidence and documentation to support your claim.
  • Represent you during mediation, ensuring your interests are protected.

3. Taking Legal Action if Necessary

If mediation is unsuccessful or your employer refuses to cooperate, you may need to file a civil lawsuit. An attorney can:

  • Advise you on the strength of your case,
  • File the lawsuit on your behalf, and
  • Represent you in court to pursue compensation for lost wages, emotional distress, or other damages.

4. Ensuring Compliance with Deadlines

Even with the tolling provisions under AB 2011, keeping track of deadlines is critical. An experienced lawyer will ensure that all claims are filed within the applicable statute of limitations, preserving your right to seek justice.

5. Holding Employers Accountable

AB 2011 reinforces the rights of employees, but enforcement relies on individuals stepping forward. An employment lawyer can help you hold employers accountable for violating the law, promoting fairness and compliance in the workplace.

Why AB 2011 Matters

AB 2011 represents a significant step forward in protecting California workers, particularly those employed by small businesses. By expanding the mediation program to include reproductive loss leave and making the program permanent, the law provides a vital pathway for employees to address grievances without immediately resorting to litigation.

However, the mediation process can be daunting, and not all employers act in good faith. If you believe your rights have been violated, consulting an employment lawyer is the best way to ensure you are treated fairly under the law.

At Le Clerc & Le Clerc, LLP, we are committed to standing up for California workers. If you have questions about AB 2011 or believe your employer has violated your rights, contact us today for a consultation. Together, we can help you navigate the legal process and fight for the justice you deserve.By understanding the protections provided by AB 2011 and working with an experienced attorney, employees can ensure that their rights are upheld in the workplace. Don’t wait—seek legal advice to protect yourself and your future.

California Small Businesses Have to Offer Parental Leave

One of the things that sets California apart nationally is the sheer number of protections provided to workers. For example, state laws ensure that employees of small businesses have the right to take protected leave when welcoming a new child into the family. Whether you work for a company with five employees or five hundred, your parental leave rights remain intact. Let’s break down the laws protecting parental leave for workers at small businesses, what to do if your request is denied, and how Le Clerc & Le Clerc, LLP, can help protect your rights.

California Parental Leave Laws Overview

California has some of the most employee-friendly parental leave laws in the country. Two major laws provide protection for workers, regardless of the size of the company they work for: the California Family Rights Act (CFRA) and the Paid Family Leave (PFL) program. Understanding how these laws apply to you, even if you work for a small business, is essential to ensuring you receive the benefits you’re entitled to.

California Family Rights Act (CFRA)

The California Family Rights Act is a comprehensive law that provides job-protected time off for employees who need time off to care for a newborn or newly adopted child. One common misconception is that only employees at large companies can benefit from CFRA, but the reality is that the law applies to businesses with as few as five employees.

Under CFRA, eligible employees can take up to 12 weeks of unpaid, job-protected leave to bond with a new child. This time can be taken at any point within the first year of the child’s birth, adoption, or foster care placement. While CFRA does not guarantee paid leave, it ensures that your job (or an equivalent role) will be waiting for you when you return.

Paid Family Leave (PFL)

In addition to CFRA’s job protections, California offers the Paid Family Leave program, which provides partial wage replacement during parental time off. While this program is also available to workers at large businesses, the key detail is that it applies equally to employees of small businesses.

PFL is funded through payroll deductions, so even if you work for a small business, you are contributing to this program. Eligible employees can receive up to eight weeks of partial wage replacement while bonding with a new child. This wage replacement is typically around 60-70% of your usual salary, depending on your income.

Small Business Obligations Under Parental Leave Laws

Even if your employer only has a handful of employees, they are still legally obligated to comply with California’s parental leave laws. These obligations ensure that you don’t have to choose between your job and your family.

Eligibility Requirements

Not every employee automatically qualifies for parental time off under CFRA. To be eligible, you must meet the following criteria:

  • You must have worked for your employer for at least 12 months.
  • You must have logged at least 1,250 hours of work in the past year.
  • Your employer must have at least five employees.

If you meet these requirements, your employer is required to provide you with up to 12 weeks of job-protected time off to bond with your new child.

Employer Responsibilities

When you take protected leave under CFRA, your employer is responsible for maintaining your health benefits during your time away. This means they must continue paying their share of your health insurance premiums while you are away. Upon your return, your employer must also provide you with the same position you held before your leave or a comparable one if your previous role is no longer available.

Small businesses are not exempt from these responsibilities. In fact, failing to comply with CFRA can lead to significant legal consequences for employers, including potential lawsuits for wrongful termination or failure to reinstate.

What to Do If Your Parental Leave Request Is Denied

Unfortunately, not every employer abides by California’s protected leave laws. If your request for parenting time has been denied, it’s important to take action immediately to protect your rights. Here’s what you should do if your request is rejected:

Immediate Steps to Take

The first thing you should do is ask for the reasons behind the denial in writing. Employers are often reluctant to provide written documentation of their refusal, but having this information is critical for any future legal action. It’s also important to verify that you meet the eligibility requirements under CFRA, including having worked the requisite number of hours and being employed for at least 12 months.

Document every interaction you have with your employer regarding the denial. Save all emails, text messages, and notes from conversations, as these could serve as key evidence in a legal dispute.

Seeking Legal Help

If your employer has denied your parental leave request, it’s often best to consult with an experienced employment lawyer to determine your next steps. Parenting time laws are complex, and employers may try to exploit loopholes or misunderstand the law’s requirements.

At Le Clerc & Le Clerc, LLP, we specialize in helping workers who have been denied their rightful parental leave. Our experienced attorneys can help you navigate the legal process, whether through mediation, administrative claims, or filing a lawsuit. We fight to ensure that your rights are protected, and that you are not penalized for choosing to take time off to bond with your child.

Talk to Professional Maternity Leave Lawyers at Le Clerc & Le Clerc, LLP

California’s parental leave laws are designed to protect employees, even those working for small businesses. If you’re eligible under CFRA, your employer must provide you with job-protected leave, and you may qualify for wage replacement through the PFL program. Should your employer deny your time off request, don’t hesitate to take action. Document your communications and seek legal guidance to ensure your rights are upheld.If you’ve been denied parenting time or need advice on your legal rights, contact Le Clerc & Le Clerc, LLP, today for a consultation. We’re here to help you defend the time you deserve with your new family member.

Microsoft Must Pay $14.4 Million in Parental Leave Discrimination Case

In a landmark case that has captured the attention of both employees and legal professionals alike, Microsoft Corp. has agreed to pay $14.4 million to settle allegations of parental leave and disability discrimination. The lawsuit, brought forward by the California Civil Rights Department (CRD), accused the tech giant of retaliating against employees who took protected leave, including parental and disability leave. The settlement marks a pivotal moment in the fight for parental rights in the workplace, especially in sectors like tech, where work-life balance remains a contentious issue.

Let’s break down the Microsoft lawsuit, what parental leave discrimination looks like in California, the far-reaching harm caused by such discrimination, and how working parents can seek help if they face retaliation or unfair treatment for exercising their legal rights to take protected leave.

The Microsoft Lawsuit: A Case of Parental Leave Discrimination

The legal battle against Microsoft began when the California Civil Rights Department initiated a multi-year investigation into the company’s employment practices. The investigation, launched in 2020, centered around allegations that Microsoft employees who took protected leave—whether for parental responsibilities, pregnancy, or caring for a sick family member—were systematically penalized.

The allegations against Microsoft were severe. Employees who utilized their right to take leave under state and federal law reportedly faced negative consequences such as reduced bonuses and lower performance evaluations. These actions hindered their eligibility for merit pay increases and promotions, effectively stalling their careers. The CRD further alleged that these practices disproportionately affected women and people with disabilities, amplifying the inequities in the workplace.

Settlement Details

The settlement, if approved by a Santa Clara County court, would see Microsoft paying a total of $14.4 million. Of that amount, $14.2 million will go directly to the workers harmed by the company’s discriminatory practices. These funds are intended to compensate employees for lost income and other damages caused by the retaliation they faced.

In addition to the financial settlement, Microsoft has agreed to implement measures aimed at preventing future discrimination. Key elements of the settlement include:

  • Hiring an independent consultant to review Microsoft’s personnel policies and ensure that managers do not consider protected leave when determining rewards and promotions.
  • Mandatory training for managers and human resources staff to ensure they understand the laws protecting employees who take parental or disability time.
  • Regular monitoring by an independent consultant, who will report on the company’s compliance with the settlement and investigate any complaints of discrimination.

Microsoft has maintained that the CRD’s allegations were inaccurate but has nevertheless agreed to these measures to ensure its practices align with state and federal law.

Microsoft’s Response

While Microsoft denied wrongdoing, the company has committed to ongoing efforts to improve the treatment of employees who take protected leave. In a statement, Microsoft emphasized its desire to continue listening, learning, and supporting its employees.

This case has broader implications beyond Microsoft. It sends a clear message to employers in all industries that protected leave discrimination will not be tolerated, especially in a state as progressive as California.

What Parental Leave Discrimination Looks Like in California

California is known for having some of the most robust parental leave protections in the United States. The California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) provide employees with the right to take time off for reasons related to family and medical needs, including the birth or adoption of a child, pregnancy complications, or caring for a family member with a serious health condition.

Under both CFRA and FMLA, employees are entitled to up to 12 weeks of unpaid, job-protected time off per year. During this time, employers are required to maintain the employee’s health benefits and ensure that the employee returns to the same or a comparable position upon returning from time away.

However, despite these legal protections, discrimination for taking parental leave continues to occur. Employers may attempt to penalize employees in subtle or overt ways, particularly when they view protected time off as a disruption to business operations.

Examples of Parental Leave Discrimination

Protected leave discrimination can take many forms. Some common examples include:

  • Retaliation after returning from leave: Employees may face demotion, reassignment to less favorable roles, or outright termination upon returning to work.
  • Reduced performance evaluations: Managers may give lower performance reviews to employees who took leave, arguing that they “missed too much time” or were “out of the loop.”
  • Missed bonuses or pay raises: Employees may be denied merit-based bonuses or pay increases because they were on leave, even though their time away was legally protected.
  • Promotion delays: Managers may use an employee’s need to take time off as a reason to pass them over for promotions, claiming the employee wasn’t present enough to prove they were ready for advancement.

While both men and women can experience parental leave discrimination, studies show that women, particularly those who take maternity leave, are disproportionately affected.

Common Industries Where Protected Leave Discrimination Occurs

While discrimination can happen in any sector, high-pressure industries such as technology, finance, and healthcare are often where discrimination occurs. In these industries, taking time off—whether for family or health reasons—is sometimes seen as a lack of commitment to the job, which can lead to penalties upon return.

The Harm and Damages Caused by Parental Leave Discrimination

When employees are penalized for taking parental leave, the consequences can be long-lasting. Reduced performance reviews, missed bonuses, and delays in promotions can derail an employee’s career trajectory. In many cases, parents who take protected time off return to the workplace only to find that they have been passed over for advancement opportunities. Over time, these setbacks can add up, preventing employees from reaching their full potential.

This kind of discrimination is particularly harmful because it can force parents to choose between their careers and their families. Those who decide to prioritize their families by taking the time they are entitled to often face negative consequences in the workplace.

Economic Impact

The financial damage caused by discrimination for taking protected time off is another major concern. Employees who are denied bonuses, pay raises, or promotions due to their leave status can suffer significant financial setbacks. These economic losses can be particularly detrimental to families with young children or those who are already dealing with medical expenses.

In addition, the long-term impact of missed promotions and merit-based pay increases can result in lower lifetime earnings, reduced retirement savings, and less financial security for working parents.

Effects on Family Dynamics

Discrimination in the workplace can also have a profound effect on family dynamics. When working parents face retaliation for taking leave, the stress of financial instability can spill over into their personal lives. Families may struggle to meet financial obligations, and the added emotional strain can affect the parent-child relationship.

Moreover, the stigma associated with taking time away can discourage parents from taking the time they need to bond with their children or care for a family member, further exacerbating the pressure on working families.

Protecting Yourself Against Parental Leave Discrimination in California

California employees are fortunate to have strong protections under both state and federal law. The CFRA and FMLA provide critical safeguards for parents and caregivers, ensuring that they can take leave without fear of retaliation. Employees need to understand their rights, including:

  • The right to take up to 12 weeks of job-protected time off for family or medical reasons.
  • The right to return to the same or a comparable position after leave.
  • The right to maintain health benefits during time away.

How to Recognize Parental Leave Discrimination

While some forms of discrimination are blatant, others are more subtle. If you notice any of the following after taking time away, you may be experiencing protected leave discrimination:

  • A sudden shift in your performance evaluations.
  • Being excluded from important meetings or projects.
  • A noticeable delay in your career advancement compared to your peers.
  • Negative comments from supervisors about your decision to take time away.

Steps to Take if You Experience Discrimination

If you believe you are being discriminated against for taking parental leave, there are several steps you can take:

  1. Document everything. Keep detailed records of any negative actions taken against you, including emails, performance reviews, and conversations with supervisors.
  2. Report the issue internally. Use your company’s internal processes to report the discrimination to HR or a supervisor.
  3. Seek legal counsel. If the issue is not resolved internally, consider consulting with an employment attorney who specializes in parental leave discrimination.
  4. File a complaint with the CRD or EEOC. If necessary, you can file a formal complaint with the California Civil Rights Department or the Equal Employment Opportunity Commission.

Seeking Legal Help: How Le Clerc & Le Clerc, LLP Can Assist

If you’ve experienced discrimination for taking protected leave, navigating the legal process can be challenging and intimidating. Employment law attorneys, particularly those with expertise in parental leave and workplace discrimination, play a vital role in helping employees fight for their rights.

Legal representation is crucial because:

  • Understanding complex laws: Parental leave laws, such as the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), have specific requirements and protections. An employment attorney can help ensure that your employer adheres to these laws and that you are treated fairly under them.
  • Navigating claims: Filing a discrimination claim, whether through internal company procedures or with the California Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC), can be a complex and time-consuming process. Attorneys assist by guiding employees through each step, ensuring that deadlines are met and that proper documentation is provided.
  • Securing compensation: Legal action is often necessary to ensure that you receive the compensation you deserve. This might include back pay for lost wages, compensation for emotional distress, and, in some cases, punitive damages aimed at holding the company accountable.
  • Holding companies accountable: Legal representation doesn’t just benefit the individual; it also sends a message to employers that discriminatory practices won’t be tolerated. By pursuing legal action, employees contribute to a larger movement that ensures companies like Microsoft are held responsible for any unlawful actions. This pressure can prompt systemic change within an organization, ensuring that future employees are protected from similar treatment.

Le Clerc & Le Clerc, LLP has extensive experience in handling employment discrimination cases, including those involving parental leave. With a dedicated team of attorneys who specialize in workplace rights, we are well-equipped to handle the unique challenges that working parents face.

If you or someone you know has experienced parental leave discrimination, now is the time to take action. Standing up against discrimination is not only about securing compensation for yourself but also about helping to create a more equitable workplace for future employees.

Don’t hesitate to reach out to us for a consultation. If you’ve been treated unfairly after taking parental time, we can help you fight back and ensure your rights are protected. Contact Le Clerc & Le Clerc, LLP today to schedule your consultation and take the first step toward securing justice.

Le Clerc & Le Clerc, LLP: Standing Up for Working Parents in California

The $14.4 million Microsoft settlement highlights the importance of holding companies accountable for parental leave discrimination. While Microsoft’s case is significant, it also reflects a broader issue that affects many working parents across California. The settlement serves as a reminder that discrimination based on taking protected leave—whether parental, disability, or family medical—will not be tolerated.

If you are facing similar issues, it is essential to know your rights and take action. Parental leave discrimination can have long-lasting effects on your career, finances, and emotional well-being. However, with the right legal support, you can fight back and ensure that your rights are protected.Le Clerc & Le Clerc, LLP is dedicated to helping employees who have experienced discrimination related to parental leave. Our attorneys have the experience and knowledge to guide you through the legal process and ensure that you receive the compensation and justice you deserve. If you believe you have been discriminated against for taking protected leave, don’t wait—reach out to us today for expert guidance and support in handling your case.

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