Reinstatement Under CFRA/FMLA Medical Leave

Leave under FMLA or CFRA shall not be deemed to have granted unless the employer provides the employee ... a guarantee of employment in the same or a comparable position upon the termination of leave. Gov. Code 12945.2(a). It is an unlawful employment practice for an employer, after grating a requested CFRA medical leave, to refuse to honor its guarantee of reinstatement to the same or comparable position at the end of leave, unless the refusal is justified by a number of limited circumstances, the most common of which is lay-offs, which everyone is equally subject to.

When an employer defends against a wrongful termination claim based on FMLA intereference claim, the employer must demonstrate a legitimate reasons to deny reinstatement to the qualified employee, whose leave is about to expire, and who expects to return to work. 

One significant power of FMLA and CFRA laws favoring employees is that intent or motive is irrelevant in bringing claims for FMLA or CFRA violation. As long as the law has been violated, even if it an innocent mistake on the part of the employer, the employer will still be liable for CFRA/FMLA violation. The remedies may include payment of damages, reinstatement to work or both. For more information about your rights under FMLA and CFRA, as well as your disability rights at workplace, please visit our other California Employment Lawyer Blog.