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What Are the Subtle Signs of Medical Leave Interference?

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What Are the Subtle Signs of Medical Leave Interference?

Medical leave interference occurs when an employer prevents you from exercising your rights under California’s Family Rights Act (CFRA). Knowing how to recognize interference is essential to protecting your workplace rights. At the Law Offices of Jeannette A. Vaccaro PC, we help employees understand and defend their legal protections when taking family or medical leave.

What Constitutes Medical Leave Interference?

Medical leave interference refers to any action by an employer that denies, restricts or discourages your ability to take legally protected leave. Under CFRA and the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave for:

  • Your own serious health condition
  • Taking care of a family member with a serious health condition
  • Pregnancy disability
  • Bonding with a new child

California law makes it unlawful for employers to interfere with, restrain or deny these rights. Interference can be obvious, but it often manifests in subtle ways that are harder to identify.

What Are Some Subtle Signs of Medical Leave Interference?

Recognizing interference early helps you take action to protect your rights. Watch for these warning signs:

Unrealistic Work Expectations

If your employer assigns you full-time duties while you’re working part-time or on intermittent leave, they may be setting you up to fail. This impossible workload can justify disciplinary action or termination based on performance issues that stem directly from interference.

Negative Performance Evaluations

Receiving poor reviews that correlate with your CFRA-related absences or reduced schedule may signal retaliation. Your time off under CFRA cannot be held against you in employment decisions like promotions or discipline.

Exclusion from Meetings or Projects

Being systematically excluded from meetings, projects or team activities you were previously involved in limits your professional visibility and advancement opportunities. This isolation can impact your career trajectory and signal discriminatory treatment.

Demotion or Reduced Salary

If your employer tells you that you cannot work part-time in your current role or take additional intermittent leave, then demotes you or cuts your salary, this may constitute interference. This is particularly concerning if your new position doesn’t match your qualifications or previous status.

Discipline for Taking an Approved Absence

Being written up or disciplined for taking approved CFRA leave, such as attending medical appointments, violates the law’s anti-retaliation provisions. Your employer cannot assign negative consequences to legally protected absences.

What Actions Are Considered Medical Leave Interference?

CFRA and FMLA explicitly prohibit several employer actions, including:

  • Refusing to approve a request for family care and medical leave when you meet eligibility requirements
  • Rejecting or ending coverage for your group health plan during your leave period
  • Reducing the mandated 12 workweeks allotted by law
  • Failing to guarantee employment in the same or a comparable position upon your return

If your employer engages in any of these practices, they are violating your rights under California law.

Protect Your Rights With Legal Guidance

Medical leave interference can jeopardize your health, family and career. If you recognize any of these signs, document the incidents and seek legal assistance promptly. California law offers various protections for employees, but you must act within the statute of limitations.

At the Law Offices of Jeannette A. Vaccaro PC, we exclusively represent employees in matters involving medical leave interference, discrimination and retaliation. Contact us today for a free case evaluation.

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