FMLA Lawyers in California
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 California lawyers can help. At Lawyers for Employee and Consumer Rights (LFECR), we represent employees whose FMLA 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 FMLA does not apply to your company, but you believe the company has 50 or more employees.
- 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.
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.
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 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.
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 California 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:
- 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.
- 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. FMLA claims have a two-year filing window, or three years if the violation was willful. 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. 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.
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. 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?
Both FMLA and CFRA provide job-protected leave for qualifying family and medical reasons, but they are different laws with some important distinctions. FMLA is a federal law that applies to employers with 50 or more employees within 75 miles of a worksite. CFRA is California's state law and often provides broader protections. CFRA covers domestic partners and grandchildren in addition to the family members covered by FMLA. CFRA may also apply to smaller employers in certain circumstances under California-specific thresholds. For pregnancy-related leave, California's Pregnancy Disability Leave (PDL) law may apply alongside or instead of FMLA and CFRA. In some situations, an employee may be entitled to protections under both laws at the same time, effectively extending total leave. Understanding which law applies to your situation requires looking at your employer's size, your relationship to the person you are caring for, and the reason for the leave.
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.
