Under state law – California Family Rights Act (CFRA) – an employer may not “interfere with, restrain, or deny the exercise of, or the attempt to exercise,” an employee’s right to take protected leave under the statute. Under federal law – Family Medical Leave Act (FMLA) – a similar mandate applies making it unlawful for an employer “to interfere with, restrain, or deny” FMLA rights. Interference covers a wide breadth of conduct having the same effect; eliciting a belief in the reasonable employee that the taking of leave is discouraged.
