Parental and Disability Leave at Microsoft: The $14.4 Million Settlement and Your Rights
Dec 3, 2025
The $14.4 Million Settlement
In July 2024, Microsoft agreed to pay $14.4 million to resolve allegations that it discriminated against employees who took parental, disability, or family care leave. The California Civil Rights Department (CRD) found that some Microsoft employees who used protected leave between 2017 and 2024 were disadvantaged in performance reviews, promotions, and other job decisions.
Key points:
The settlement covers eligible California employees from 2017–2024.
Microsoft denied any wrongdoing; settlements resolve claims without an admission of liability.
Not every negative experience after leave qualifies—eligibility depends on specific facts and the settlement’s terms.
If you took protected leave at Microsoft and experienced negative consequences, you may have rights under this settlement or through an individual claim.
What the Investigation Found
The CRD alleged that Microsoft:
Penalized leave-takers in performance reviews (lower ratings, reviews not adjusted for time away, comparisons to full-time workers).
Disadvantaged leave-takers in promotions (passed over, delayed timelines, reduced visibility).
Fostered a culture of leave stigma (implicit pressure not to use full leave, negative perceptions, career consequences).
The settlement requires Microsoft to revise its practices, train managers, and provide monetary relief to affected employees.
Your Rights to Protected Leave
Federal and state laws protect your right to take leave without career penalties. Here’s a quick reference:
FMLA (Federal Family and Medical Leave Act):
Up to 12 weeks unpaid leave for family, medical, or military reasons.
Job protection and continued health benefits.
Applies if you’ve worked at least 12 months and 1,250 hours.
CFRA (California Family Rights Act):
Covers more family relationships and smaller employers than FMLA.
Runs concurrently with FMLA, not in addition.
ADA (Americans with Disabilities Act):
Leave can be a reasonable accommodation for disability.
May extend beyond FMLA’s 12 weeks.
Requires an “interactive process” to determine what’s reasonable.
Pregnancy Discrimination Act:
Pregnancy-related leave must be treated the same as other medical leave.
Unequal treatment is prohibited.
How Leave Discrimination Happens
Even with generous policies, discrimination can occur:
Performance review bias: Ratings not adjusted for time away, compared to those who didn’t take leave.
Promotion delays: “Not enough time in role,” missed projects, reduced visibility.
Subtle retaliation: Exclusion from meetings, less desirable assignments, reduced responsibilities, or hostile treatment.
Career derailment: Slower advancement, lower raises, reduced equity, or being pushed out of high-profile work.
Signs You May Have Been Discriminated Against
Ask yourself:
Did my performance rating drop after leave?
Was I compared to peers who didn’t take leave?
Did my review account for my absence?
Was I passed over for promotion or projects?
Did I face hostility or negative comments about leave?
Was I pressured not to take full leave?
Did my manager’s attitude change?
Documenting Leave Discrimination
Strong evidence is key. Start with contemporaneous records (created at the time):
Before leave: Save reviews, feedback, project lists, and promotion discussions.
During leave: Keep communications with your manager, any work requests, and statements about your absence.
After leave: Save reviews, notes on treatment, promotion decisions, and project assignments.
Comparisons: Track how peers who didn’t take leave were treated.
What to Do If You’ve Been Discriminated Against
1. Check the Settlement
If you worked at Microsoft in California (2017–2024), watch for official settlement notices.
Review eligibility and deadlines on the settlement website.
Not all negative outcomes qualify—there must be a link between your leave and the adverse action.
2. Raise Issues Internally
Report concerns to HR and use Microsoft’s complaint process.
Document all communications and request explanations for negative decisions.
3. File External Complaints
California Civil Rights Department: For leave discrimination (www.calcivilrights.ca.gov).
EEOC: For pregnancy, disability, or family status discrimination (www.eeoc.gov).
Department of Labor: For FMLA violations (www.dol.gov/agencies/whd).
4. Consult an Attorney
Many offer free consultations.
Can help evaluate your claims, negotiate, or pursue individual/class claims.
What the Settlement Requires
Microsoft agreed to:
Review and revise leave policies.
Train managers on leave rights.
Ensure performance reviews account for leave.
Allow independent monitoring and reporting to the CRD.
What this means for you:
Microsoft is under scrutiny, and your complaints may receive more attention. These changes benefit all employees, not just those in the settlement.
Protecting Yourself Going Forward
Before leave: Document your performance and standing, save positive feedback, and understand your rights.
During leave: Follow procedures, keep records, and don’t feel pressured to work.
After leave: Meet with your manager to clarify expectations, document changes, and address concerns promptly.
If problems arise: Raise issues immediately, document everything, and know your deadlines.
Using Caira to Protect Your Rights
Caira can help you:
Understand leave laws and deadlines.
Document discrimination and compare your treatment to legal standards.
Prepare complaints and understand the settlement process.
Documents to upload:
Performance reviews (before and after leave)
Leave requests and approvals
Communications with managers
Microsoft leave policies
Questions to ask Caira:
“Was my performance review affected by my leave?”
“How do I file a complaint with the California Civil Rights Department?”
“What are the deadlines for discrimination claims?”
“Am I eligible for the Microsoft settlement?”
Empower Yourself
You have rights under federal and state law. Many employees succeed by documenting everything and following the proper steps. Deadlines matter—act promptly to protect your claims.
Caira can help. She’s easy to chat with.
Caira helps you feel more confident and less anxious about employment law issues—whether you’re facing leave discrimination, workplace issues, or just want to understand your rights. Backed by 50,000 legal documents for all 50 states, Caira can:
Answer your questions instantly 24/7
Review and explain emails, policies, or termination letters
Draft statements or responses for HR or agencies
Give feedback on your filled-in forms or the other party’s arguments
Analyze your uploaded documents, screenshots, or pay stubs
Help you track deadlines and next steps for your state
Try Caira for free—no credit card required.
This information is for educational purposes and is not legal, financial, or tax advice. Leave discrimination law is complex and fact-specific. Outcomes vary depending on the evidence submitted and its strength.
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