FMLA Lawyers in California
Quick Answer
The Family and Medical Leave Act (FMLA) generally gives eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons. In California, the separate California Family Rights Act (CFRA) offers similar leave to employees of companies with as few as five employees. Lawyers for Employee and Consumer Rights (LFECR) represents California employees facing denied leave, interference, or retaliation. Depending on the violation, remedies may include reinstatement, back pay, lost benefits, and liquidated damages.
When you or a loved one faces a health condition, the last thing you should worry about is losing your job. That’s why the Family and Medical Leave Act (FMLA) exists. This federal law gives eligible employees the right to take protected, unpaid leave for qualifying family and medical reasons.
Unfortunately, employers don’t always follow the law. Workers are often denied FMLA leave or face retaliation for exercising their rights.
If you believe your employer violated your rights under FMLA or California's CFRA, our California lawyers can help. At Lawyers for Employee and Consumer Rights (LFECR), we represent employees whose leave rights have been violated, whether through denial of leave, interference with their right to take it, or retaliation after they exercised it.
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Signs Your Employer May Have Violated Your FMLA Rights
FMLA violations are not always obvious. Employers do not always refuse leave outright. Sometimes the violation is more subtle. If any of the following apply to your situation, it may be worth speaking with an FMLA attorney.
- Your employer denied your request for leave even though you believe you met the eligibility requirements.
- You were fired, demoted, or had your hours or pay cut during or shortly after taking FMLA leave.
- Your employer pressured you to return to work before your leave period ended.
- You were asked for excessive or unreasonable documentation beyond what FMLA requires.
- Your employer told you that you do not qualify for protected leave, even though the company has 50 or more employees for FMLA, or five or more for CFRA.
- You returned from leave and were not reinstated to your former position or an equivalent one.
- Your employer has used your FMLA leave against you in a performance review, disciplinary action, or promotion decision.
- Your manager kept asking you to do real work, such as projects or shifts, while you were on approved leave.
Does any of this sound familiar? A free case evaluation can help you determine whether your employer may have violated your rights and what options may be available. There is no cost and no obligation to move forward.
What Is the Family and Medical Leave Act (FMLA)?
FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific reasons. These include:
- Caring for your own serious health condition
- Caring for a spouse, child, or parent with a serious health condition
- Bonding with a new child
- Handling certain family military needs.
In addition, the law provides up to 26 weeks of leave to care for a covered service member with a serious injury or illness.
When your leave ends, your employer generally must restore you to the same job or an equivalent one with the same pay, benefits, and working conditions, and it must keep your group health coverage in place during leave. Your employer also cannot use your FMLA leave against you when it comes to promotions, raises, or discipline. See FMLA and CFRA leave.
Who Is Eligible for FMLA Leave?
According to the U.S. Department of Labor, an employee must have worked for the employer for at least 12 months and worked at least 1,250 hours in the past 12 months. They must also work for an employer with 50 or more employees within 75 miles of the jobsite.
If you meet these conditions, have a qualifying reason, and follow the notice and medical certification rules, your employer generally cannot deny FMLA leave. If your employer is too small for FMLA, California's CFRA may still protect you.
Common FMLA Violations
Employers sometimes break the law, leaving workers vulnerable during already stressful times. Our California FMLA attorneys often see violations such as outright denial of valid leave requests, retaliation after requesting leave, firing employees on protected leave, or forcing workers to provide excessive documentation.
These violations fall into two legal categories:
- Interference: the employer gets in the way of your leave, for example by denying a valid request, discouraging you from taking it, delaying it without reason, requiring substantial work during leave, or refusing to restore your job. See FMLA and CFRA interference.
- Retaliation: the employer punishes you for using your rights, for example by firing, demoting, cutting hours, or disciplining you because you requested or took leave.
Penalties for FMLA Violations
Employers who violate FMLA can face significant consequences. Courts may order them to reinstate the employee, provide backpay, compensate for lost benefits, and even pay liquidated damages equal to the worker’s lost wages in certain instances.
Employers may also be required to cover attorneys’ fees and court costs. These penalties are meant to protect employees and deter employers from mistreating employees for taking protected leave under FMLA.
The remedies differ by law. Federal FMLA generally does not provide emotional distress or punitive damages. A CFRA claim is brought under California's Fair Employment and Housing Act, which can allow emotional distress damages and, in some cases, punitive damages.
Understanding How California Law Expands on FMLA
In addition to federal protections, California has its own law: the California Family Rights Act (CFRA). While CFRA is similar to FMLA, it often provides even broader protections for workers. The
California Civil Rights Department explains that CFRA covers employers with five or more employees. When both laws apply, they usually run at the same time rather than adding up.
| Federal FMLA | California CFRA | |
|---|---|---|
| Covered employers | 50 or more employees within 75 miles | 5 or more employees |
| Employee eligibility | 12 months on the job and 1,250 hours in the past year | 12 months on the job and 1,250 hours in the past year |
| Leave amount | Up to 12 weeks in 12 months (26 weeks for military caregiver leave) | Up to 12 weeks in 12 months |
| Family members you can care for | Spouse, child, parent | Spouse, domestic partner, child, parent, grandparent, grandchild, sibling, or a designated person |
| Pregnancy-related disability | Counts as FMLA leave | Covered separately by Pregnancy Disability Leave, not CFRA |
| Job protection | Same or equivalent job, health coverage maintained | Same or comparable job, health coverage maintained |
| Where to file | Lawsuit in court | Civil Rights Department complaint, then lawsuit |
Pregnancy is a common point of confusion. In California,
Pregnancy Disability Leave covers time off while you are disabled by pregnancy or childbirth, up to four months. CFRA
baby bonding leave is a separate right to bond with the child afterward. Because of these differences, California employees often have stronger rights than they realize.
Can Your Employer Fire You While You Are on FMLA Leave?
Not because of the leave. FMLA and CFRA prohibit firing an employee for requesting or taking protected leave. Leave does not create absolute protection, though. An employer may still end employment for a legitimate reason that has nothing to do with the leave, such as a genuine layoff that would have happened anyway. Timing matters: a firing during or right after leave is often strong evidence, but it does not decide the case by itself. See termination during protected leave and our wrongful termination lawyers.
Can Your Employer Make You Work During Medical Leave?
Generally, no. Brief, occasional contact, such as asking where a file is saved or confirming your return date, is usually allowed. Requiring you to keep working, attend meetings, cover shifts, or meet deadlines while on approved leave can be interference with your leave rights. Keep a record of any work requests, including dates and what was asked.
What Happens When You Return From FMLA Leave?
You are generally entitled to your same job or an equivalent one, with the same pay, benefits, and shift. Your employer can ask for a doctor's note clearing you to return if that is its standard practice. Exceptions are limited. For example, you have no greater right to your job than if you had kept working, so a position genuinely eliminated in a layoff may not be restored.
What If You Need More Time Off After FMLA Ends?
Your protected leave may run out, but your rights do not automatically end. If you have a disability, California's Fair Employment and Housing Act may require your employer to consider additional leave or another
reasonable accommodation through a good-faith
interactive process. This is not an automatic extension. It depends on your condition, the request, and whether it would cause the employer undue hardship.
Statute of Limitations for FMLA and CFRA Claims: How Long Do You Have?
FMLA claims must be filed within a limited time. In most cases, you have two years from the date of the violation to bring a claim. If your employer's violation was "willful," that deadline extends to three years.
CFRA claims follow California's process instead. You generally must file a complaint with the Civil Rights Department within three years, and then file a lawsuit within one year after receiving a right-to-sue notice. Do not assume the federal deadline applies to a California claim. See
employment claim deadlines.
Waiting too long can cause you to lose your right to recover damages. Speaking with an FMLA lawyer as soon as possible is the best way to protect your case.
What Do You Do if You’ve Been Wrongfully Denied FMLA Leave
If you believe your rights were violated, you should act quickly. Be sure to:
- Document the situation immediately. Write down everything you remember about your leave request, including the date you made it, to whom, how it was communicated, and what response you received. Record the details while they are fresh.
- Preserve all evidence. Save all related communications including emails, texts, denial letters, and any documentation your employer required. Keep copies outside of work systems, as long as you are entitled to keep them.
- Report the violation in writing. If your employer denies leave, continues to require work during leave, or retaliates after you return, put your objection in writing. An email to HR creates a record that you raised the concern.
- Act before the deadline. Federal FMLA claims have a two-year filing window, or three years if the violation was willful. CFRA claims have a separate California process and deadlines. Acting promptly protects your options and gives your attorney more time to build a strong case.
- Speak with an FMLA lawyer.
An FMLA attorney can review the specifics of your situation, explain whether a violation occurred, and advise on the most effective path forward before you take any further steps.
Why Hire Our California FMLA Lawyers?
At Lawyers for Employee and Consumer Rights, we focus solely on protecting employees, not employers. Founded in 2015 and based in Burbank, we represent workers in all 58 California counties in cases involving denied leave, leave interference, retaliation, failure to reinstate, and firing connected to FMLA, CFRA, or pregnancy leave. We handle these cases on a contingency basis, so you pay no attorney's fees unless we recover for you, and our team assists clients in English and Spanish.
Learn more about our firm.
Our dedicated team is skilled in negotiations and litigation, standing up to businesses and their legal teams to ensure our clients get the protection and compensation they deserve.
Frequently Asked Questions About FMLA and CFRA
Can I take FMLA leave on a part-time or intermittent basis?
Yes. If medically necessary, you may take leave in separate blocks of time or reduce your work schedule rather than taking all 12 weeks at once. Your employer must allow this if it's properly certified by a healthcare provider.
Does my employer have to notify me of my FMLA rights?
Absolutely. Employers are required to inform eligible employees about their rights and responsibilities under FMLA. Failing to provide notice can itself be considered a violation.
What happens if I need more time off after my FMLA leave ends?
Once you exhaust your FMLA leave, you may still have rights under other laws, such as the Americans with Disabilities Act (ADA) or California’s Fair Employment and Housing Act (FEHA). These laws may require your employer to provide additional unpaid leave as a reasonable accommodation.
Can my employer make me use vacation or sick time during FMLA leave?
Often, yes. Employers may generally require you to use accrued vacation or other paid time off during FMLA or CFRA leave, and the rules for sick leave can differ depending on the reason for leave. Either way, the employer cannot deny your right to take protected leave once you qualify. California's separate paid sick leave law has its own rules.
Am I entitled to FMLA leave if I work for a smaller company?
FMLA only applies to employers with 50 or more employees within 75 miles of your worksite. But California's CFRA applies to employers with five or more employees, so most California workers at smaller companies who meet the 12-month and 1,250-hour requirements still have job-protected family and medical leave.
Is FMLA paid or unpaid in California?
FMLA itself is unpaid. The law provides job-protected leave but does not require your employer to pay you during that time. However, California employees may be able to receive income during FMLA leave through two state programs. California State Disability Insurance (SDI) may provide partial wage replacement if you are unable to work due to your own serious health condition or disability. California Paid Family Leave (PFL) may provide partial wage replacement if you are taking leave to bond with a new child or care for a seriously ill family member. These programs are separate from FMLA and have their own eligibility requirements and application processes. They replace part of your income but do not protect your job on their own. An employment attorney can help you understand which programs may apply to your situation and whether your employer is coordinating leave correctly.
What is the difference between FMLA and CFRA in California?
FMLA is federal and covers employers with 50 or more employees within 75 miles. CFRA is California law, covers employers with five or more employees, and lets you care for more family members, including a domestic partner, grandparent, grandchild, sibling, or designated person. Pregnancy disability is handled by California's Pregnancy Disability Leave law rather than CFRA. When both laws apply, they usually run at the same time. See the comparison table above.
Can my employer fire me while I am on FMLA leave?
Generally no. FMLA prohibits employers from firing or otherwise retaliating against employees for taking protected leave. If you are terminated while on FMLA leave, the employer must be able to show that the decision was made for a legitimate reason completely unrelated to your leave. In practice, the timing of a termination relative to a leave request or the start of FMLA leave is often a key piece of evidence in determining whether the firing was lawful. If you were let go during or shortly after FMLA leave and believe your leave was a factor in that decision, you may have both an FMLA retaliation claim and a wrongful termination claim under California law. An attorney can evaluate the specific facts of your situation.
Speak With a California FMLA Attorney Today
If you were denied FMLA leave or suffered retaliation for taking it, you don't have to face your employer alone. The law is on your side, and so are we.
Call our office today for a free, confidential case review with an experienced California FMLA lawyer. Let us help you protect your rights, pursue justice, and recover what you are owed.
