SAN FRANCISCO EMPLOYMENT LAW BLOG

According to a proposal made by the federal Department of Labor (DOL), the agency intends to revise how independent contractors are classified under law. The proposed rule would significantly alter the most recent definition, which was finalized in 2021. Should the DOL’s newest proposal be implemented, it will significantly reduce the number of workers who can be classified as independent contractors nationwide. 

For many workers, this would be a net benefit. However, it is still a significant change. It is in your best interest as an independent contractor to understand how the update could affect you and what it may mean for your future. 

How the New Rule Could Change Federal Law

Currently, independent contractors are defined based on the DOL’s 2021 rule. This rule outlines five factors, including two “core” factors, that are used to determine if a given worker is an independent contractor. The core factors are:

• The amount and type of control the worker has over their work
• The worker’s opportunity to make a profit or loss depending on their skills

If a worker has significant control over how, where, and when they do their work, and if they stand to gain or lose depending on the quality of their work, the DOL’s current rule states there is a substantial likelihood that they are a contract. If there is still doubt, the DOL considers the other three factors:

• The amount of skill the work calls for
• The permanency of the working relationship
• Whether the work is “part of an integrated unit of production”

Under these rules, “gig economy” workers are generally considered independent contractors due to the core factors test. However, the DOL has determined that the current rule is inconsistent with current judicial precedent and the Fair Labor Standards Act (FLSA).

The proposed rule is intended to resolve these issues. It would institute a new collection of six factors, which are intended to be given equal weight. These factors include:

• Whether the worker’s managerial and negotiative skill impacts their opportunity for profit or loss
• Whether the employee is making independent investments into their work
• The permanency of the working relationship
• The amount of control the worker has over their work
• Whether the work they perform is integral to the employer’s business
• Whether the worker needs specialized skill and initiative to advance their business

These new factors are more specific and place a much heavier emphasis on the entrepreneurial spirit of the worker. The intention of this rule is to ensure that workers who genuinely wish to run their own businesses can remain independent contractors, while preventing employers from misclassifying workers to cut down on benefit and overtime costs.

How the New Rule Compares to California Laws

If the DOL finalizes the independent contractor rule, it will go into effect nationwide. However, it may not have as much of an impact in California as it will in other states. This is because the state has implemented a number of laws in recent years to restrict how companies may classify their workers. 

First, Assembly Bill (AB) 5, which was implemented in 2020, codified the ABC test to determine whether a worker can be classified as an independent contractor:

• “The worker is free from the control and direction of the hiring entity in connection with the performance of the work.”
• “The worker performs work that is outside the usual course of the hiring entity’s business.”
• “The worker is customarily engaged in an independently established […] business of the same nature as that involved in the work performed.”

This law is stricter than the current federal rule, but the DOL’s proposed rule would tighten the definition further. 

In addition, the passage of Proposition 22 added a major loophole to AB 5, allowing “app-based drivers” to continue to be classified as independent contractors despite the ABC test. If the DOL implements its proposed rule, this loophole would be closed, and California gig economy workers would finally be considered employees, not contractors.

How Will the New Law Affect You?

The DOL rule is not intended to force entrepreneurs to accept W-9 employment if they don’t want it. If you are satisfied as an independent contractor and do not want the possible restrictions of being a standard employee, the possible change should not affect you. However, the law will benefit many workers currently classified as contractors.

Independent contractors are not protected under the federal Fair Labor Standards Act (FLSA). These workers are considered to be their own employers, and the people paying them are their clients. As such, they are responsible for providing their own health insurance and negotiating contracts that provide them with fair pay. In return, they are supposed to receive the flexibility to pick and choose their clients, negotiate their rates, and get their work done on their own schedule.

Unfortunately, many gig workers currently receive all the drawbacks of independent contractorhood without the benefits. They may only be able to work for one or at most two companies, they cannot negotiate the rates at which they are paid, and they are restricted to working when demand is high. If the new DOL rule is implemented, though, this would change. They would receive the rights guaranteed eny employee, including health insurance, overtime pay, and minimum wage. 

Expert Legal Assistance to Fight Employment Misclassification

While the DOL hasn’t finalized its new rule, it is likely that a version of the regulation will be implemented in the next year. In the meantime, many independent contractors around California can still rely on AB 5 to help them pursue fair employment. 

If you believe you have been misclassified as an independent contractor, you can get help to pursue fair employment under the FLSA and AB 5. At Le Clerc & Le Clerc LLP, we can help. Learn more about how our California employment law firm can help you protect your employee rights by scheduling your free consultation today. 

California has one of the best social safety nets in the nation. One benefit many workers are unaware of is the California Paid Family Leave (PFL) program, which is specifically designed to provide workers with income if they need to take time off work to care for a family member. This program provides invaluable support for people who need to step away from work responsibilities to care for loved ones.

Unfortunately, many employees are hesitant to take time off, even with pay, because they worry the time away may impact their employment. However, it is illegal for employers to retaliate against workers who have taken leave or received government benefits. Here’s what you need to know about PFL in California and what to do if your employer penalizes you for taking leave. 

California’s Paid Family Leave Program

Paid Family Leave is managed by the California Employment Development Department as part of the State Disability Insurance (SDI) program. While PFL is not the same as disability insurance, it has many similarities. The benefits are funded by SDI contributions deducted from W-2 employees’ paychecks and contributions to the Disability Insurance Elective Coverage (DIEC) program. 

These funds provide eligible workers with up to eight weeks of partial wage replacement if they need to take time off to care for a family member. PFL currently covers 60-70% of your weekly pay based on your highest quarterly income in the past year, up to a limit of $1,620 per week. These funds are intended to help you cover bills and maintain your quality of life while you take care of your loved ones. 

PFL only applies if you take time off to care for someone else. If you need to take time off work because you are injured or ill, you must apply for disability insurance coverage instead. 

Eligibility for Paid Family Leave

If you receive a W-2 in California, you are likely eligible for PFL. As long as you have received at least $300 in pay from which SDI has been deducted during your “base period,” you have contributed to the program and could receive benefits. Your base period consists of 12 months, beginning 18 months prior to when your time off begins. For example, if your leave starts on February 1^st, 2023, your base period would be November 2021 to October 2022. 

In addition to contributing to SDI through your paycheck, you must also meet the following criteria to be eligible:

• You are employed or actively looking for work when you need to care for someone.
• You are unable to do your customary work.
• You are:
  • Bonding with a new child within one year of their birth, adoption, or foster placement; OR
  • Providing care for a seriously ill family member whose illness incapacitates that person to the point that they require assistance with performing regular daily activities or attending subsequent treatment or inpatient care; OR
  • Participating in events related to a family member’s military deployment to a foreign country.
• You can provide supporting documentation regarding the medical needs of the family member.

How to Take Paid Leave

If you meet the requirements above, you’re eligible to receive benefits from the state while you take time off work to help your family. To request wage replacement benefits, you apply directly through the state SDI portal. 

However, you cannot receive PFL if you are currently receiving wages. You must take time off from your job if you’re currently employed. If you currently have a job and want paid family leave, the best solution is to request unpaid time off from your employer, then apply for PFL through the state. 

The requirements for requesting PFL overlap with the requirements for unpaid leave under the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). These laws require covered employers to provide workers with 12 weeks of unpaid leave if they have worked at least 1250 hours for them in the past 12 months. 

During CFRA leave, your employer must continue to provide your benefits but will not pay you. They must also allow you to return to your job at the same hours, location, rate of pay, and benefits when you return to work. They may not retaliate against you in any way for requesting this time off. If they do, you may have grounds to take legal action against them. 

What to Do If Your Family Leave Impacts Your Employment in California

If you are eligible for both CFRA and PFL programs, you have every right to take time off work to care for your family. However, unscrupulous employers may attempt to discourage you from taking this time off or retaliate against you for inconveniencing them. Examples of this retaliation include:

• Refusing to grant you unpaid CFRA time off despite meeting the eligibility requirements
• Threatening you with adverse employment action such as termination or demotion for taking leave
• Firing you, refusing to promote you, withholding raises offered to other employees or otherwise taking adverse action against you during or after your leave
• Refusing to maintain your benefits during your time off
• Deducting PFL from your benefits during or after your time away

All of these actions are illegal, but they still occur. If you have been retaliated against for taking protected family leave in California, you have grounds to take legal action against your employer. At Le Clerc & Le Clerc LLP, we are dedicated to helping clients like you stand up for your right to take family leave in California. We can help you address workplace discrimination and retaliation and seek justice and compensation for your losses. Learn more about how we can help you by scheduling your consultation today.

California has been taking significant legislative steps to improve conditions for workers over the past two years. Earlier this year, the state chose to expand the California Family Rights Act (CFRA), but it didn’t stop there. This past fall, Governor Gavin Newsom signed into law improvements to both the Paid Family Leave (PFL) and State Disability Insurance (SDI) programs that will give lower-paid workers more support. 

These programs are invaluable for allowing workers to receive a portion of their regular wage if they need to take time off to care for their families. While CFRA will enable workers to take unpaid time off work to care for family members or themselves and protect their jobs, many lower-paid employees hesitate to take time off because of the impact on their finances. 

The updates to PFL and SDI will make it easier for these workers to take the time they need to care for themselves or those they love. Here’s what you need to know about the updates to these programs and how you can request CFRA leave and PFL or SDI compensation.

Understanding California Paid Family Leave and State Disability Insurance

Governor Newsom made waves when he signed Senate Bill (SB) 951, which adjusts both the Paid Family Leave and State Disability Insurance programs. PFL is intended to provide up to eight weeks of wage replacement benefits to eligible workers if they need to take unpaid time off work for qualifying reasons, which include:

• Caring for seriously ill children, parents, spouses and registered domestic partners, siblings, grandparents, or grandchildren. 
• Bonding with a new child through birth, adoption, or foster placement.
• Qualifying exigencies related to a family member’s military service. 

These cases directly correlate with almost all qualifying reasons to take time off under the CFRA. The exception is for injuries, illnesses, or conditions affecting the worker themselves. This is because SDI is in place to cover those situations. You can apply for SDI to receive wage-replacement benefits if you are an eligible employee who cannot work due to a non-work-related illness, injury, or pregnancy. This neatly covers most of the remaining reasons why CFRA may be used. 

Revisions to PFL and SDI

SB 951 significantly adjusted how PFL and SDI payments will be calculated. Currently, the programs allow workers to receive up to 70% of their regular wages while they qualify. However, this places many lower-earning workers below the minimum wage, which can significantly impact their ability to support themselves and their families. As such, these workers may opt not to take time off because even a 30% cut to their wages is too much to justify taking time off to care for loved ones. 

That’s why SB 951 was written. Under the bill, a new benefit calculation will go into place starting in 2025. The new calculation considers the state’s average wage when determining the benefits eligible workers will receive. Any worker who receives 70% or less of California’s average wage would be eligible to receive 90% of their average pay instead of 70%. This significantly reduces the impact of taking unpaid leave, as lower-paid workers will only take a 10% cut to their earnings instead of 30%. 

How to Pursue CFRA Leave and PFL Compensation

While it will be several years before the updates to PFL and SDI kick in, you can still receive wage-replacement benefits if you take time off. Even 70% of your earnings can be invaluable if you or a loved one is ill and you must stay home from work. First, however, you should ensure you can take that time off to heal or care for your family under CFRA. 

Only eligible employees can take CFRA leave. You’re eligible if:

• Your employer has five or more workers or is a public agency
• You have worked for your employer for at least 12 months
• During the past 12 months you’ve worked for your employer, you have worked at least 1250 hours for them
• You have not yet taken 12 weeks of CFRA leave in the preceding 12-month period

If you meet these conditions, you can take leave for all the reasons that make you eligible for SDI or PFL payments. You may need to provide your employer with proof that you or your loved one is sick with a doctor’s note or that you have a new child by showing them documentation of the birth, foster placement, or adoption. 

If your request for CFRA leave is unfairly denied, this can impact your ability to request PFL or SDI. Voluntarily quitting a job may affect your eligibility for these programs, and you cannot receive payments from either if you continue working. In that case, taking action against your employer may be necessary to have your request for leave granted. 

This may be as simple as notifying HR that your request was unfairly denied and explaining your reasoning. However, if your complaint is ignored, or if you have been fired or otherwise retaliated against for requesting your state-protected leave, you may need legal help.

Legal Assistance for Unfairly Denied CFRA Leave Requests

When you believe your request for CFRA leave has been denied, your first step should be to consult with an experienced employment law attorney. Your employer does not have the stress of an illness or lost income impacting its ability to fight your claim. If you want the best possible chance of receiving protected CFRA leave and PFL or SDI payments, you need to have knowledgeable experts on your side. 

That’s where the attorneys at Le Clerc & Le Clerc LLP can help. We are dedicated to protecting your employee rights and have years of experience acting as legal counsel to California workers. Learn more about how we can help you negotiate or litigate your denied CFRA claim by scheduling your free consultation.

Many people assume that racism, sexism, and other forms of discrimination in the workplace need to be overt before they can be addressed. This isn’t true. Under Title VII of the Civil Rights Act of 1964, employers may not discriminate against workers because they are part of a protected class. The bill says nothing about whether that discrimination must result from conscious bias. 

Today, most employment discrimination is actually caused by unconscious bias. While this can be harder to prove, it’s no less damaging to its victims. Learn how to identify unconscious bias in your workplace, how it can harm workers, and what you can do to stop it. 

What Is Unconscious Bias?

Unconscious bias is prejudice for or against someone because of aspects of their identity that isn’t done purposefully. In contrast, conscious bias is deliberately taking discriminatory actions against someone because of a trait like skin color, religion, or gender. 

This difference is critical because unconscious bias is far more widespread. Even people who believe they are “color-blind” or otherwise accepting may have subconscious biases that they don’t recognize. This makes it far more challenging to address the effects of unconscious prejudice than conscious racism, sexism, or other biases. 

Subconscious prejudice is the result of uncritical acceptance of stereotypes. For example, someone can consciously believe that sexism is wrong but may have internalized the idea that women are bad at math. If this unconscious bias isn’t noticed and accounted for, they may be less likely to hire or promote women into roles that require a lot of math despite their qualifications. 

The problem with unconscious prejudice is that it can lead to organization-wide inequities without any one person actively trying to harm or push out minorities. One recruiter or manager with unexamined biases can impact the careers of everyone below them. If these biases are found throughout the organization, it can quickly shape a company’s culture to be hostile to women, people of color, religious minorities, and other protected classes. 

The Impact of Unconscious Biases on Workers

While unconscious bias isn’t as blatant on a case-by-case basis as active harassment, it can still seriously harm workers. It is just as harmful to refuse to promote someone because of an unconscious assumption that they’re lazy as it would be to withhold a promotion because they’re Black. Some of the most significant impacts this type of prejudice has on workers include:

• Reduced Job Opportunities: Minorities often struggle to receive the same opportunities and pursue the same jobs as white and male colleagues. Studies have shown that the same resume with an “anglicized” or gender-neutral name is significantly more likely to be considered for an interview than identical resumes with non-European or feminine names. The subconscious bias of the hiring teams often prevents workers from getting jobs in the first place. 
• Stalled Career Growth: These biases can make it difficult for victims to continue growing their careers. For instance, women often struggle to receive the same promotions and raises as their male colleagues, particularly if they are mothers, due to the unconscious assumption that they are less dedicated to their jobs. 
• Hostile Workplaces: If management has internalized negative stereotypes about specific demographics, the entire organization can develop toxic attitudes towards those groups. Minorities who are hired and promoted may feel uncomfortable, excluded, and unable to report harassment or microaggressions for fear that they will “support” the stereotypes management believes.

Standing Up to Workplace Bias

It should not be your responsibility to fix your employer’s unconscious biases. However, making them aware of these tendencies may fall to you. If that doesn’t lead to change, you may need to take legal action to receive the fair treatment you deserve. Here’s how you can stand up to workplace bias and fight against trends harming your career.

• Talk to your colleagues. The most effective way to determine if unconscious bias is at play in the workplace is to talk with your coworkers. If management consistently appears to discriminate against people of a certain race, religion, or gender, your colleagues have likely noticed as well. Talk to them about their experiences and see if they have noticed anything you may have missed. 
• Document trends of discrimination. When you do find trends, document them. For example, collect organization charts for your company and note the relative diversity across the organization and between different levels of authority. Who has been promoted, and who has been fired or forced to resign? These trends are some of the best evidence you have of systemic discrimination. 
• Notify Human Resources: Even if you don’t believe it will make a difference, you should still communicate your concerns with the person or department in charge of hiring at your company. This demonstrates that you’re acting in good faith and may occasionally be enough to spur your employer to take anti-bias action. 
• Talk to an experienced lawyer. If your concerns are dismissed, it’s time to get help. Consult with a qualified workplace discrimination attorney about your circumstances. They will help you find the best path forward, whether that’s negotiating with your employer or taking legal action. 

Pursue Equitable Treatment With Expert Legal Counsel

Because unconscious bias, by definition, is not done on purpose, it can be hard to prove. That’s why it’s critical for you to consult with an experienced employment law attorney if you suspect you and your colleagues are suffering from discrimination caused by subconscious prejudices. At Le Clerc & Le Clerc LLP, we understand how stressful it can be to lose out on opportunities at work because of your identity. We have a strong track record of success helping clients like you pursue compensation for the discrimination they’ve faced at work, no matter the reason. Call 415-445-0900 or contact us online to learn more about how we can help you.

California has long been at the forefront of cannabis legalization. As of September 2022, the state has gone a step further by passing a new bill to protect cannabis users from discrimination by employers. Assembly Bill (AB) 2188 was signed into law by Governor Newsom and will begin protecting off-the-clock cannabis users from employment discrimination in 2024. 

This is an invaluable win for workers around the state. Recreational cannabis has been legalized in California since 2016 and for medical use since 1996. Adults over 21 may consume cannabis just like they may drink alcohol. However, employers have been permitted to require drug tests and discriminate against workers who were found to have cannabis metabolites in their blood.

AB 2188 will change that once it goes into effect. Keep reading to learn more about this bill, when it will kick in, and your current rights regarding workplace drug testing.

What You Need to Know About Assembly Bill 2188

Assembly Bill 2188 will prevent employers from penalizing or discriminating against workers who consume cannabis or THC products when off the clock and not at work. Specifically, AB 2188 will not let employers make employment decisions based on the presence or absence of non-psychoactive cannabis metabolites in a worker’s hair or urine. The only exceptions are the construction and building industries, employers that receive federal funding, and organizations that are required to maintain “drug-free” workplaces. The law will go into effect on January 1^st, 2024.

The bill was considered necessary due to critical differences in how the body processes alcohol and cannabis. Alcohol intoxication is usually determined by blood alcohol concentration (BAC) with a breath or blood test. Your body can reduce your BAC by about 0.015 g/100ml per hour, so you can go from 0.09 g/100ml – above the legal limit to drive – back to 0 in just six hours. When the standard tests identify that someone has consumed alcohol, it’s usually because they are still actively intoxicated. That’s reasonable grounds for penalizing an employee since intoxication will likely impact their ability to do their job.

That’s not how cannabis testing works, though. Tests for cannabis use typically look for THC metabolites, not the psychoactive substance itself. These metabolites can remain in your body for weeks or months, long after you are no longer intoxicated. If you show positive for cannabis use in a hair or urine test, it doesn’t mean you’re high at work. However, before AB 2188, employers could still use these test results to discriminate against employees. The new bill will change this and allow workers to use legal recreational substances in their downtime without risking their jobs.

Current Employer Drug Testing Laws in California

Until 2024, employers may still use cannabis drug tests to make employment decisions. However, these tests must follow state testing guidelines and laws to be valid. 

California permits companies to require their employees to submit to drug tests as a condition of employment. However, these tests cannot be discriminatory. If an employer discovers details about an employee identifying them as part of a protected class, the employer cannot discriminate against them. For example, if a test reveals that a worker is pregnant or takes medications for a disability, the employer cannot alter how they treat that person.

In addition, California law has placed the following restrictions on employment drug testing:

• Tests must be equitable. Companies must test universally if they want to check workers for substance use. They may not discriminate based on race, age, or other protected statuses.
• Most workers must be given notice before a required test. California prohibits random drug tests except in high-responsibility or safety-based public positions. Unless you work as a law enforcement officer, bus driver, or similar critical role, your employer must give you notice about upcoming drug testing. 
• Tests may not be unnecessarily intrusive. Various methods are used to test whether someone has consumed intoxicating substances. Companies must use the least invasive testing method that achieves a reliable result. For example, companies cannot require witnessed urine or blood tests if a breathalyzer test would work.

In addition to these restrictions, employers may not discriminate against workers who are being treated for substance abuse disorders. These disorders are classified as disabilities under California’s workplace discrimination laws, so employers must provide reasonable accommodations for workers receiving treatment for them. 

Certain alcohol or drug abuse treatments may result in drug tests delivering positive results. If an employer is aware that an employee is undergoing these treatments, taking adverse employment action based on the results is considered discriminatory. 

Examples of Unlawful Drug Tests

Companies can’t use the results of unlawful drug testing to make employment decisions. If you’ve been forced to take or penalized after an illegal test, you may be able to pursue compensation. Here are some common examples of potentially discriminatory or illegitimate testing practices that you may have experienced in your workplace:

• Your employer requires you to take drug tests, but not coworkers in similar positions.
• You’re forced to take unnecessarily invasive tests, and your employer doesn’t explain why they’re required.
• Your employer requires random drug tests for low-responsibility roles.
• Your employer used the results of a test to discriminate against you for a disability.

Exercise Your Rights Under California Employment Law

You have the right to use cannabis in your downtime in California. As of 2024, most employers won’t be permitted to penalize you for using this legal recreational substance. 

In the meantime, you may still have options if you’re facing unfair or discriminatory drug testing. At Le Clerc & Le Clerc LLP, we strongly advocate for our clients in workplace discrimination cases. If you believe you’ve been unfairly discriminated against through a drug test, we can help. Schedule your consultation today by calling 415-445-0900 or reaching out online to learn more. 

As of September, the California Family Rights Act (CFRA) has officially been expanded. Under Assembly Bill (AB) 1041, the state has widened employees’ rights to take leave to care for their families as of January 1^st, 2023. 

Starting in the new year, employees may be able to use their CFRA leave to care for a “designated person,” which is a significantly broader ruling than the CFRA’s previous provisions. In addition, Governor Newsom signed AB 1949 into law in September, adding bereavement leave to the CFRA.

These changes may sound small, but they demonstrate California’s continued dedication to protecting and expanding workers’ rights. Keep reading to learn how the CFRA impacts you and what to expect from these new bills.

What Is the CFRA?

The CFRA is California’s state equivalent of the federal Family and Medical Leave Act. The Act is designed to give workers access to time off necessary to care for their families without risking their jobs. Under the Act, eligible employees may take up to 12 weeks of unpaid, job-protected time off in any 12-month period. The Act covers workers who need to take time off due to:

• Serious health conditions: This includes any mental or physical health problem, surgery, or injury that requires inpatient care, more than three days away from work, or ongoing medical treatment for incurable conditions. Employees may be required to provide a medical note to their employer to take leave.
• Pregnancy and delivery: Pregnancy is specifically covered by the CFRA, allowing mothers to take time off without losing their employment to recover from labor.
• Child bonding leave: Parents may also use the CFRA to take time away from work to bond with a newborn, adopted, or foster child within 12 months of joining the family.
• Qualifying exigencies for active duty military: An employee may take time away for specific reasons related to their own or an immediate family member’s active duty military service.
• Caring for a family member: The CFRA allows workers to take time away to care for their family if they face serious health problems.

The bills signed in September make two critical changes to the Act. First, AB 1041 expands the family members workers may request time off to care for. Currently, you can take time to provide care for your children, parents, grandparents, grandchildren, or spouse or registered domestic partner. In January, this will be changed to allow workers to care for a “designated person.” This person can be “any individual related by blood or whose association with the employee is equivalent to a family relationship.” You will be permitted to designate the person when you request leave.

In addition, bereavement leave will be protected. AB 1949 will guarantee workers the right to take up to five days off following the death of a family member. This bereavement leave is separate from standard CFRA or sick time. Bereavement leave will cover immediate family only.

During this time, your employer may not terminate your job. When you come back to work, you’re entitled to return to the same or an almost identical position. Your pay and other benefits will also remain the same when you return. 

Are You Eligible for CFRA Leave?

Before requesting CFRA leave, you must ensure you’re eligible under state law. As of last year, the Act applies to companies with five or more employees and all public institutions, so your employer is most likely held to this law. They are required to provide you with CFRA time off if:

• You’ve been employed by the company for at least 12 months before the start of your requested time off
• During that time, you’ve worked at least 1250 hours for your employer, or a minimum of 24 hours a week.

It’s important to note that you can only receive 12 weeks of time off under the Act. Suppose you have already taken 12 weeks and you have another qualifying event. In that case, you are not eligible to take additional time off without your employer’s approval, and your job will not be protected. 

What to Do If Your Employer Denies You Leave

If you meet the qualifications to take CFRA time off, your employer cannot deny you that time. If they deny your claim, terminate your position, retaliate against you for taking leave, or otherwise violate the CFRA, you have the right to take action. 

• File a complaint with HR: Notify your HR department that your rights have been violated. They may help you receive the leave you’re owed or return to your vacated role. If not, filing the complaint demonstrates that you attempted to resolve the situation internally before taking other action. 
• Consult an experienced attorney: Next, talk to a lawyer about your situation. Qualified employment law attorneys will help you determine if your rights have been violated and build your case. 
• Notify the CRD: Your attorney will help file a report with the California Civil Rights Department (formerly known as the Department of Fair Employment and Housing) to ensure they are notified of any violations.
• Take legal action: Your lawyer will also help you determine if you need to take legal action and how to approach the situation to protect your employment and receive compensation for your losses.

Pursue Equitable Leave With Expert Legal Counsel

The CFRA is already one of the most flexible state-mandated leave programs in the country. In 2023, it will become even more valuable, allowing people to take the time they need to care for their loved ones, no matter who they might be. You have the right to take CFRA leave as long as you meet the appropriate criteria, and your employer may not penalize you for it.

If you’re struggling to have your CFRA request acknowledged, if your request has been unjustly denied, or if you’ve suffered from retaliation for taking leave, get help. At Le Clerc & Le Clerc LLP, we can help you receive the time you’re owed. Schedule your consultation today to learn how we can help you exercise your right to care for your family and protect your employment.