LeaveCFRAFMLA

Am I guaranteed my job back after taking CFRA or FMLA leave?

Answer

Yes — you are entitled to return to the same position or a comparable one with equivalent pay, benefits, and other terms. If your employer eliminates your specific position during leave, they must offer a comparable position. If no comparable position is available due to legitimate business reasons unrelated to your leave, the employer may have a defense — but the burden is on them to prove it.

Need Legal Help?

If you have questions about leave or cfra or fmla in California, our experienced employment attorneys can help. We offer free consultations to evaluate your case.

Free Case Evaluation

Get personalized answers about your employment law situation.

Related Questions

What is the difference between CFRA and FMLA?

Both CFRA (California Family Rights Act) and FMLA (Family Medical Leave Act) provide up to 12 weeks of job-protected lea...

Can I take baby bonding leave in California?

Yes. Under CFRA, eligible employees at companies with 5+ employees can take up to 12 weeks of job-protected baby bonding...

Can I take medical leave for my own health condition in California?

Yes. Both CFRA and FMLA allow leave for your own serious health condition. FEHA also requires reasonable accommodation, ...

Practice Areas

LeaveCFRAFMLA

Locations

All California