PG&E Family and Medical Leave Violations Lawyer

Protecting Workers from Unlawful Leave Denials and Retaliation

Working at Pacific Gas and Electric (PG&E) means playing an essential role in maintaining California’s energy infrastructure. Whether in the field or behind a desk, you deserve an employer that respects your rights, including the right to take protected family or medical leave without fear of retaliation.

Federal and state laws allow you to take time off to recover from a serious health condition, care for a loved one or bond with a new child. Unfortunately, for many PG&E employees, exercising those rights is not always easy. Some workers are denied leave entirely, while others are discouraged from using it or punished when they return. These actions aren’t just unfair; they may be unlawful.

Erlich Law Firm represents PG&E workers who have been mistreated for taking protected family or medical leave. If you were denied time off, disciplined, demoted or fired after requesting leave, you may have a claim. Our Oakland employment lawyers are here to help you hold your employer accountable.

What Leave Protections Do PG&E Workers Have?

California employees are protected by federal and state laws when they need time off for family or medical reasons. These laws allow workers to care for their health and loved ones without risking their jobs.

The California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA) give eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period. Qualifying reasons include:

• Serious health conditions
• Caring for an immediate family member with a serious health condition
• Birth, adoption or foster care placement of a child

Leave doesn’t always have to be taken all at once. Under both the FMLA and CFRA, you may be entitled to take leave intermittently. For example, you might need a few days off each week to attend appointments for ongoing medical treatments. Your employer can request medical certification for your leave, but they aren’t allowed to demand a diagnosis or harass your doctor. The certification only needs to confirm that you have a serious health condition that qualifies for leave, not disclose specific medical details.

Although the two laws are similar, the CFRA provides broader coverage. It applies to more workers and includes a wider definition of family members. For example, the CFRA covers employers with at least five employees, compared to the FMLA’s threshold of 50 employees. It also allows workers leave to care for additional family members, such as siblings, grandparents, grandchildren and domestic partners. If you work at PG&E and meet the eligibility requirements, your employer can’t deny your right to take leave or retaliate against you for using it.

Who Qualifies for FMLA and CFRA Leave at PG&E?

According to the latest U.S. Department of Labor survey, the most common reason employees took FMLA leave was for their own serious health condition, such as an illness, injury or disability. This accounted for 51.5 percent of all FMLA leave. In comparison, around 27 percent of workers took time off to care for a family member with a serious health condition.

To be eligible for job-protected leave, PG&E employees must meet certain baseline requirements. Under both the FMLA and CFRA, you must have worked for the company for at least 12 months (not necessarily consecutive) and logged at least 1,250 hours in the 12 months before your leave begins.

While the FMLA and CFRA often overlap, there are key differences between them in eligibility and the types of leave covered. The FMLA only applies if you work at a site with at least 50 employees within a 75-mile radius. The CFRA doesn’t include this requirement, so it offers broader coverage for California workers.

Many PG&E employees are represented by unions. If you are a union member, your collective bargaining agreement may include additional protections or grievance procedures. However, these don’t replace your rights under California or federal leave laws. You are still entitled to take protected leave under the FMLA and CFRA. If you are unsure which laws apply to your situation, an employment attorney at Erlich Law Firm can help you understand your options for family and medical leave.

Examples of FMLA and CFRA Violations at PG&E

In 2023, the California Civil Rights Department (CRD) received 6,885 right-to-sue complaints involving family and medical leave issues, including 2,922 specifically tied to the request or use of such leave.

PG&E workers may experience several types of violations related to their right to take protected leave under the FMLA and CFRA. Here are some examples:

• Denying leave requests without a valid reason: Workers have the right to take up to 12 weeks of job-protected leave. Those who qualify and provide the required medical documentation should not be denied leave.
• Failing to provide proper notice about leave rights or obligations: PG&E is required to inform employees about their rights under the FMLA and CFRA. Without clear communication, employees may miss deadlines or fail to submit paperwork correctly, giving the company an excuse to deny leave unfairly.
• Pressuring employees not to take leave: Attempts to discourage you from taking protected leave can be unlawful, whether subtle or overt. For instance, supervisors may imply negative consequences or make workers feel guilty for taking leave.
• Punishing workers for taking leave: This can include retaliation through disciplinary actions, demotion, reduction in hours, pay cuts or even termination.
• Refusing to let employees return to the same or an equivalent position: When your leave ends, PG&E must reinstate you to your job or a comparable role with the same pay and benefits.
• Misclassifying employees to avoid providing leave: Employers may sometimes wrongly classify workers as ineligible or exempt to deny leave rights.

If you experience any of the above situations, acting quickly is crucial. When an employer violates your right to family or medical leave, it can hurt you in many ways. Beyond losing income, you may face anxiety, stress and worries about whether your job will still be there when you return.

What to Do if You Suspect PG&E Violated Your Leave Rights

If you believe PG&E denied your leave, retaliated against you for taking time off or otherwise violated your rights under the FMLA or CFRA, taking action early can make a difference. The sooner you start collecting evidence of unlawful treatment and seeking legal advice, the better your chances of building a strong case. Here’s what you can do to protect your rights:

• Save any documentation related to your leave request, including emails, letters, approval or denial notices and medical paperwork. These records can help show what you requested and how the company responded.
• Write down what happened and when. Keep detailed notes about conversations with HR or supervisors, especially if you were discouraged from taking leave, denied time off or faced retaliation afterward.
• Get things in writing when possible. If your leave is denied, ask for a written explanation. The same goes for any disciplinary actions linked to your leave.
• Reach out to an employment attorney right away. A lawyer can review your situation and help you understand how to hold PG&E accountable. 

Statute of Limitations for FMLA and CFRA Claims

Time is critical when pursuing a claim for PG&E leave violations. Under the FMLA, employees generally have two years from the date of the violation to file a lawsuit or three years if the employer’s actions were willful.

For CFRA claims, California law typically allows up to three years to file a lawsuit. However, in many cases, you must first submit a complaint to the CRD. The deadline is usually one year from the date of the violation. Consulting a lawyer as soon as possible can help ensure your rights are protected and your claim is filed on time.

How Erlich Law Firm Supports PG&E Workers Facing Leave Violations

Experiencing retaliation or denial of leave after following all the rules can be distressing. At Erlich Law Firm, we understand the unique challenges PG&E workers face when their rights under the FMLA or CFRA are ignored. Our Oakland employment lawyers offer more than legal advice. 

From the moment you contact us, our experienced team carefully reviews every detail of your case to determine if PG&E violated your protected leave rights or retaliated against you. We help you gather and preserve important documents, communications and evidence to strengthen your claim.

Going up against a powerful employer requires experience and a refusal to back down. At Erlich Law Firm, we manage all negotiations with PG&E on your behalf. We won’t stop fighting until we secure fair compensation for lost wages, benefits and any emotional harm caused by their actions. 

Throughout the process, Erlich Law Firm provides a dedicated partnership focused on securing the justice you deserve. You can expect compassionate guidance and skilled legal representation tailored to your needs.

Contact a PG&E FMLA Violation Lawyer at Erlich Law Firm Today

Taking time off to care for a newborn, sick parent or your own wellbeing shouldn’t have to be difficult. If you work at PG&E and believe your right to family or medical leave has been unlawfully denied, help is available. You also don’t have to tolerate your employer’s retaliation for requesting leave.

The Oakland employment lawyers at Erlich Law Firm understand the challenges PG&E workers face and are ready to support you. Contact us today for a free initial consultation to learn more about your options.