Taking protected medical leave should not put your career at risk.
Whether you need time away from work to recover from a serious health condition, care for a family member, welcome a new child, or address a qualifying military family need, both federal and California law provide important protections for many employees. Unfortunately, not every employer follows those laws.
Some workers are discouraged from requesting leave in the first place. Others find that their requests are delayed, denied without explanation, or approved only after repeated inquiries. Many employees return from leave only to discover that their responsibilities have changed, their position has disappeared, or they are suddenly facing disciplinary action that never existed before.
These situations can happen in workplaces throughout San Jose and Silicon Valley, from technology companies and healthcare systems to manufacturers, financial institutions, universities, and public employers. Regardless of the industry, employees deserve to understand their rights regarding protected leave from work.
At Greenberg Gross, our San Jose FMLA lawyers represent employees whose rights under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and other employment laws may have been violated. Our attorneys help employees understand their legal options, protect their careers, and pursue appropriate remedies when employers violate the law.
Call (949) 383-2800 for a confidential consultation with our team. We’ll review your case and explain your potential rights.
Start your journey towards justice today by scheduling your free claim consultation
Why Should You Choose Greenberg Gross for Your FMLA or CFRA Case?
Leave disputes are rarely just about whether an employee received time off. They often involve months of communication between employees, supervisors, human resources personnel, healthcare providers, and insurance representatives. To understand what happened, our lawyers carefully review both the employer's actions and the employee's rights under federal and California law.
At Greenberg Gross, we take a comprehensive approach to these cases. Our team can examine employment records, leave requests, medical certifications, company policies, emails, performance evaluations, disciplinary actions, and other evidence to determine whether an employer interfered with protected leave or retaliated against an employee for exercising their legal rights.
Our lawyers have earned a national reputation for handling complex employment litigation and high-stakes disputes. Whether your employer denied protected leave, refused to reinstate you, retaliated after you returned, or used your medical condition against you, our team is prepared to advocate for your rights through negotiation or litigation.
When you work with the Greenberg Gross team, you work with attorneys who understand that your job represents more than a paycheck. Your career, financial security, health insurance, retirement benefits, and professional reputation may all be affected by an employer's unlawful actions.
Understanding the Difference Between the FMLA and California's CFRA
Many California employees are surprised to learn that their leave rights may come from more than one law.
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain qualifying family and medical reasons.
California also has its own leave law known as the California Family Rights Act (CFRA). While CFRA serves many of the same purposes as the FMLA, it includes important differences that may expand protections for California employees in certain situations.
Because these laws frequently overlap, employers often must evaluate leave requests under both federal and state law. Determining which law applies—and whether both apply simultaneously—can become surprisingly complicated.
Our attorneys help employees understand which protections may apply to their specific circumstances and whether an employer properly fulfilled its legal obligations.
Which Situations Qualify for Protected Leave?
Both the FMLA and CFRA recognize that employees sometimes need time away from work because of significant personal or family responsibilities.
Depending on the circumstances, protected leave may be available for:
- Your own serious health condition
- Caring for a spouse, child, parent, or other qualifying family member with a serious health condition
- The birth of a child
- Adoption or foster placement
- Certain military family circumstances
- Qualifying exigencies related to military service
Eligibility depends on several factors, including the employer's size, the employee's work history, hours worked, and the specific reason for the leave. Because California law can provide broader protections than federal law in some situations, employees should not assume that a denial under one law necessarily ends the analysis.
We can help assess the strength of your case
San Jose Employees Face Unique Workplace Challenges
San Jose is home to one of the nation's most dynamic employment markets. Employees throughout Silicon Valley work in industries that often demand long hours, tight deadlines, frequent travel, and high performance expectations.
Technology companies, semiconductor manufacturers, biotechnology firms, healthcare providers, universities, and financial institutions all rely on highly skilled employees whose responsibilities may be difficult to reassign during extended absences. These workplace pressures sometimes create tension when an employee requests protected leave.
Rather than planning appropriately, some employers may delay approving leave, discourage employees from taking time off, pressure them to continue working while on leave, or question the legitimacy of their medical condition.
Regardless of the industry's pace or competitive environment, employers must comply with applicable leave laws. When they violate these laws, employees may have the right to bring legal action to enforce their rights.
Common Ways FMLA and CFRA Disputes Arise
Leave disputes often develop gradually rather than through a single decision. For example, an employee may initially receive approval for leave only to encounter repeated requests for unnecessary documentation. Another employee may be criticized for using intermittent leave or pressured to return before receiving medical clearance.
Some disputes involve more obvious conduct, including:
- Denying eligible leave requests
- Discouraging employees from taking leave
- Failing to provide required notices
- Improperly counting protected leave against attendance policies
- Requiring employees to perform work while on leave
- Refusing to restore employees to their positions
- Terminating employees after protected leave
- Retaliating against employees who request leave
Our attorneys evaluate the entire timeline rather than focusing on one isolated event. Doing so often reveals whether an employer's actions interfered with legally protected rights.
FMLA Interference vs. Retaliation
Although these terms are sometimes used together, interference and retaliation involve different legal concepts.
FMLA or CFRA interference generally occurs when an employer unlawfully prevents, limits, or discourages an employee from exercising protected leave rights. Examples may include denying qualifying leave, refusing to provide required information, or failing to restore an employee to an appropriate position after leave ends.
Retaliation, by contrast, involves adverse action because an employee exercised protected rights. An employer may reduce responsibilities, issue unwarranted discipline, deny promotions, lower performance ratings, or terminate employment after the employee requests or takes protected leave. Both types of claims may arise from the same set of facts.
Start your journey towards justice today by scheduling your free claim consultation
Returning to Work After a Protected Leave Should Not End Your Career
One of the most stressful moments for many employees occurs when protected leave ends. Employees often expect to return to the same position they held before their leave began. Instead, they may discover that their responsibilities have changed, important projects have been reassigned, or that their position has been eliminated during a restructuring.
Sometimes employers claim these decisions were unrelated to the worker’s leave. In other situations, the timing raises legitimate questions about whether the worker’s absence influenced the employer's actions.
At Greenberg Gross, our attorneys carefully examine what changed during and after your leave. We compare job duties, reporting structures, performance evaluations, organizational changes, and employer communications to determine whether your legal rights may have been violated.
Our FMLA Lawyers Question Suspicious Performance Issues That Suddenly Appear After Leave
Many employees with strong work histories are surprised to receive their first negative performance evaluation shortly after returning from protected leave.
An employer may suddenly criticize attendance, productivity, communication, teamwork, or performance despite years of positive reviews. In some situations, these concerns may be legitimate. In others, they may be used to justify decisions that were actually motivated by an employee's protected leave.
Our attorneys review employment records before, during, and after the leave period to determine whether the employer's stated reasons are supported by the evidence. Patterns often matter as much as individual events.
How Our FMLA Attorneys at Greenberg Gross Handle Federal and CFRA Cases
Successfully resolving a leave dispute requires more than determining whether a law was violated. It requires building a persuasive, evidence-based case, identifying available remedies, and developing a legal strategy that reflects our clients’ goals.
Our attorneys begin by reviewing the complete employment history and the events surrounding the leave request. Depending on the circumstances, we may examine personnel files, leave requests, medical certifications, company policies, employee handbooks, internal communications, disciplinary records, performance evaluations, payroll records, and other relevant documentation.
After evaluating the evidence, we assess whether federal law, California law, or both may apply. Our team identifies potential legal claims, calculates available damages, and prepares the case for negotiations with the employer or its legal representatives.
Some disputes can be resolved through negotiated settlements that compensate employees for lost wages, benefits, and other damages. When employers refuse to resolve legitimate claims fairly, our attorneys are prepared to pursue litigation and advocate for employees throughout every stage of the legal process.
What Compensation or Remedies May Be Available?
The appropriate remedy depends on the specific facts of each case. Employees whose rights have been violated may be entitled to remedies that address both the financial and professional consequences of the employer's actions.
| Potential Remedy | Examples |
| Lost Compensation | Back pay, lost bonuses, commissions, and benefits |
| Future Losses | Front pay and reduced earning capacity when appropriate |
| Job-Related Relief | Reinstatement or restoration of employment rights in certain cases |
| Financial Recovery | Other damages available under applicable federal or California law |
| Legal Costs | Attorney's fees and litigation costs, if authorized by law |
Every case is different. Our attorneys evaluate the relevant evidence and applicable law to determine what remedies may be available in your situation.
Timing Can Matter More Than Employees Realize
Many employees hesitate before seeking legal advice because they hope workplace problems will be resolved on their own. Unfortunately, waiting too long can make a case more difficult. Important emails may be deleted, witnesses may leave the company, memories may fade, and legal filing deadlines may approach more quickly than expected.
Speaking with our employment attorneys today does not require you to file a lawsuit immediately. It simply allows you to understand your rights, preserve important evidence, and make informed decisions about how to move forward.
Ask the Greenberg Gross Team...
Can my employer contact me while I am on protected leave?
The answer depends on the circumstances. Limited communication about scheduling or administrative issues may be appropriate, but employers generally should not expect employees to continue performing their regular job duties while on protected leave.
What if my leave request was never formally denied?
A claim may still exist if an employer discouraged you from taking leave, failed to provide required information, delayed the process unnecessarily, or otherwise interfered with your ability to exercise protected rights.
Can I use leave sporadically?
In some situations, intermittent leave may be available under federal or California law. Whether it applies depends on the reason for the leave and the specific legal requirements involved.
Should I resign if my employer is making my return to work difficult?
Resigning can affect your legal options. Before making that decision, you should fully understand your rights and evaluate how your employer's actions may affect your potential claims.
We can help assess the strength of your case
Frequently Asked Questions About San Jose FMLA Lawyers
How long do I have to file an FMLA lawsuit?
Filing deadlines vary depending on the legal claims involved and the specific facts of your case. Because California employees may have rights under both federal and state law, it is important to speak with an attorney before any applicable deadlines expire.
Can my employer deny leave because my department is busy?
An employer's staffing challenges do not automatically eliminate an eligible employee's rights under applicable leave laws. Whether leave may be denied depends on the legal requirements, not simply workplace convenience.
What if my employer says I used up all of my leave?
Whether additional protections apply depends on your circumstances. Other state or federal employment laws may provide rights beyond the FMLA or CFRA in some situations.
Can I be disciplined for requesting protected leave?
Employees generally should not face retaliation for requesting or using legally protected leave. If disciplinary action follows soon after a leave request, the circumstances should be evaluated carefully.
Do I need a lawyer if my employer already has attorneys?
Large employers often have experienced human resources departments and legal counsel handling employment matters. Having your own attorney helps ensure that your rights and interests are fully represented throughout the process.
Contact Our San Jose FMLA Lawyers Today
If your employer denied protected leave, interfered with your ability to take leave, or retaliated against you for exercising your rights, you do not have to sort through the situation alone.
At Greenberg Gross, our San Jose FMLA lawyers represent employees throughout Silicon Valley who are facing complex leave disputes under the FMLA, the CFRA, and other California employment laws. Our attorneys can evaluate your situation, explain your legal options, and help you pursue the outcome that best protects your career and your future.
Call (949) 383-2800 today to speak with our team in a confidential consultation.