FMLA Lawyers in
Los Angeles
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, our experienced Los Angeles lawyers can help. At Lawyers for Employee and Consumer Rights (LFECR), we represent employees who were fired for taking leave.
I can not speak highly enough. An immense thank you to my attorney and the entire team! Very professional, communicative and highly knowledgeable. Will recommend.
Mel Luna
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I got a settlement when I didn't even expect a dime. I wasn't there to hear them or even see them fighting for me, but the fact that they were able to get me compensation was all that made the ultimate difference between me and my ex employer. Thanks.
Steve Uitz
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I had a truly remarkable experience with the legal professionals who represented me, they exhibited an impressive level of expertise and insight regarding the specifics of my case. They provided me with thorough guidance and support...
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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.
Your employer is required to reinstate you to your position once your leave concludes. They also cannot use your FMLA leave against you when it comes to promotions, raises, or discipline.
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 and your request for leave falls under an approved reason, your employer must grant you FMLA leave. Denials in these circumstances are be unlawful.
Common FMLA Violations
Employers sometimes break the law, leaving workers vulnerable during already stressful times. Our Los Angeles 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.
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.
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. For example, CFRA leave:
- Covers domestic partners and additional family members, while FMLA does not
- May apply to smaller employers due to California-specific thresholds
- Works alongside FMLA, meaning some employees can qualify for protections under both
Because of these differences, California employees often have stronger rights than they realize. An experienced Los Angeles FMLA attorney can explain how both laws apply to your situation.
Statute of Limitations for FMLA 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.
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:
- Keep records of your requests, employer responses, and any signs of retaliation
- Speak with an experienced FMLA lawyer who can review your situation and explain your options
Why Hire Our Los Angeles FMLA Lawyers?
At Lawyers for Employee and Consumer Rights, we focus solely on protecting employees, not employers. Our team brings decades of combined experience, a proven track record in employment law cases, and a compassionate approach to helping workers during difficult times.
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.
FAQs
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?
Yes, in many cases employers may require you to use accrued paid time off at the same time as your FMLA leave. However, they cannot deny your right to take leave once you qualify.
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. That said, California’s CFRA covers some situations that the FMLA does not, so workers at smaller employers may still have protections.
Speak With a Los Angeles 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 Los Angeles FMLA lawyer. Let us help you protect your rights, pursue justice, and recover what you are owed.