FMLA/CFRA Claim Doesn't Require Proving That the Leave Was Denied Intentionally by the Employer

Employers often try to defend FMLA/CFRA violation claims by arguing that they believed in good faith, even if incorrectly, that the employee was not entitled to FMLA/CFRA leave, and therefore they denied it. This argument, however, cannot be an effective defense for employers under the existing FMLA and CFRA laws and regulations. Proving FMLA violation only requires that the employer deny the employee's entitlement to FMLA. Liu v Amway Corp. There is no mention in the law that the violation must be intentional. Therefore, even if the denial of FMLA/CFRA leave by the employer results from innocent mistake or not knowing or understanding medical leave laws, it would still give rise to an FMLA/CFRA violation claim.

Under California CFRA, the employer bears the burden to determine whether an employee's leave is protected - that is, to "inquire further of the employee if it is necessary to have more infomraiton about whether CFRA leave is being sought, and ultimately designate leave, paid or unpaid, as CFRA or FMLA qualifying. Cal. Code Regs., tit 2, sections 7297.4(a)(1)(A). Once an employee has submitted a request for leave under CFRA, the employer is charged with knowledge that the employee's absences pursuant to the leave request are protected, and may not thereafter take adverse employment action (i.e. demotion or termination) against the employee because of that leave.