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Can Your Employer Change Your Job After FMLA or CFRA Leave?

Both FMLA and CFRA protect an employee’s right to return to the same or a comparable position. However, there are specific conditions and exceptions that employers may rely on. Reach out to our FMLA retaliation attorneys in Los Angeles to discuss your case at a free consultation. 

Return Rights Under FMLA and CFRA

The FMLA is a federal law, and the CFRA is California’s version of family and medical leave law. Both provide up to 12 weeks of job-protected, unpaid leave in a 12-month period for qualifying reasons, such as:

  • The birth or adoption of a child
  • The employee’s own serious health condition
  • Caring for a spouse, child, or other covered family member with a serious health condition

At the end of the leave, the law requires that the employee be reinstated to:

“The same or an equivalent position with equivalent pay, benefits, and terms and conditions of employment.”(29 C.F.R. § 825.214 for FMLA; Cal. Gov. Code § 12945.2(a) for CFRA)

What Counts as a Comparable Position?

A “comparable” or “equivalent” position must be nearly identical to the previous role. It must match in:

  • Duties and responsibilities
  • Pay rate and compensation structure
  • Benefits and perks
  • Work location and shift schedule
  • Job title and advancement opportunities

For example, switching an employee from a weekday day shift to an overnight shift, or from a management role to a non-supervisory role, would likely violate the law. Likewise, reducing an employee’s salary, removing key duties, or assigning them to a less favorable location could be unlawful.

When Can an Employer Change Your Job?

There are limited, specific situations where a job change after FMLA or CFRA leave may be lawful:

  • Layoffs or restructuring: If the employer can prove the position would have been eliminated or changed regardless of the leave, the law does not guarantee reinstatement.
  • Light duty or medical restrictions: If you return with restrictions, the employer may modify your duties temporarily to accommodate them.
  • Key employee exception (FMLA only): For high-level employees in the top 10% of earners, reinstatement may be denied if it would cause substantial and grievous economic harm to the employer.

Even in these cases, the employer must provide clear documentation and must not retaliate or use leave as a reason for the change.

Signs of Unlawful Job Changes

Changes made after leave may violate FMLA or CFRA protections if:

  • They reduce your pay, responsibilities, or status without justification
  • You are transferred to an inconvenient or less desirable location
  • Your job title changes and no longer reflects your prior position
  • You are excluded from meetings or projects you were previously involved in
  • The changes occurred immediately or shortly after leave

Such actions may amount to retaliation or interference, both of which are illegal. Speak to our Los Angeles retaliation lawyers if you believe you are being retaliated against for taking leave.

What to Do If Your Job Changes After FMLA or CFRA Leave

If you believe your employer changed your job unlawfully after FMLA or CFRA leave, take the following steps:

  1. Document the changes in duties, schedule, title, or pay.
  2. Request clarification from HR or your manager.
  3. File a complaint with the U.S. Department of Labor (for FMLA) or the California Civil Rights Department (CRD) (for CFRA).
  4. Consult a Los Angeles employment attorney to evaluate your claim and pursue remedies.

Legal remedies may include reinstatement, back pay, damages for lost benefits or emotional harm, and possibly attorney’s fees.