Family Medical Leave Act Lawyer in California
Dedicated advocacy for California workers who face retaliation for taking medical or family leave.
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California employees commonly experience FMLA violations in these forms:
- Being fired after requesting time off for a serious illness
- Getting demoted after returning from parental leave
- Having your hours cut because you needed surgery
- Being denied leave for your own medical condition
- Getting a bad performance review after taking family leave
- Being transferred to a worse shift or location after returning from leave
- Receiving threats or harassment for requesting time off
- Having your employer pressure you not to take medical leave
At Setareh Law our FMLA and CFRA lawyers help California employees recover lost wages emotional distress damages and reinstatement to their jobs.
What Is the Family Medical Leave Act
The Family Medical Leave Act is a federal law that protects workers who need time off for medical or family reasons. California has its own law called the California Family Rights Act which is often even stronger than the federal law. The National Partnership for Women and Families provides research on FMLA implementation, and the Center for American Progress tracks paid leave policies nationwide.
FMLA and CFRA Basics
- Eligible employees can take up to 12 weeks of unpaid leave per year
- Your job must be held for you while you are on leave
- Your health insurance must continue during your leave
- You must be restored to your same job or an equivalent job when you return
- The law applies to employers with 50 or more employees
Covered Reasons for Leave
- A serious health condition that makes you unable to do your job
- Caring for a spouse child or parent with a serious health condition
- Bonding with a new child after birth adoption or foster care placement
- A qualifying military family need or emergency
- Your own pregnancy related disability or prenatal care
Who Is Protected by FMLA and CFRA
FMLA Eligibility Requirements
- You must have worked for your employer for at least 12 months
- You must have worked at least 1,250 hours in the past 12 months
- Your employer must have 50 or more employees within 75 miles of your worksite
- Part time workers can qualify if they meet the hour requirement
- Remote workers are also covered under the same rules
CFRA Eligibility Requirements
- You must have worked for your employer for at least 12 months
- You must have worked at least 1250 hours in the past 12 months
- Your employer must have 5 or more employees regardless of location
- CFRA covers more small businesses than federal FMLA
- CFRA also covers leave for a domestic partner or grandparent
Employers Covered by These Laws
- Private companies with 50 or more employees under FMLA
- Private companies with 5 or more employees under CFRA
- Public agencies including schools and government offices
- All public employers are covered regardless of size
- Federal employees have separate but similar protections
What Counts as a Serious Health Condition
Conditions That Usually Qualify
- A serious illness requiring inpatient hospital care
- A chronic condition like asthma diabetes or epilepsy
- A serious injury that requires ongoing treatment
- Surgery and recovery time after a procedure
- Mental health conditions that require treatment or therapy
Conditions That May Qualify
- Severe morning sickness during pregnancy
- Substance abuse treatment when provided by a health care provider
- Multiple doctor visits for a chronic condition
- Recovery from childbirth or a C section
- A condition that requires you to be absent for more than three days with ongoing treatment
Conditions That Do Not Qualify
- The common cold or seasonal flu
- Minor cuts bruises or sprains
- Routine dental cleanings or checkups
- Cosmetic procedures without medical need
- General fatigue or lack of sleep without a diagnosed condition
Your Right to Take Medical Leave
You do not need permission to take FMLA leave. You just need to qualify and give proper notice to your employer. Consulting a Family Medical Leave Act Lawyer in California can help you understand your rights and ensure your job is protected.
How to Request FMLA Leave
- Tell your employer you need leave for a qualifying reason
- Give as much notice as you can at least 30 days for planned leave
- For emergency leave tell your employer as soon as possible
- Provide medical certification if your employer asks for it
- Your employer cannot deny your leave if you qualify
What Your Employer Must Do
- Give you a written notice of your FMLA rights
- Tell you if you are eligible for leave within 5 business days
- Provide you with the required certification forms
- Keep your job and benefits while you are on leave
- Restore you to your same or equivalent job when you return
What Your Employer Cannot Do
- Deny your leave request if you are eligible
- Ask for more medical information than allowed by law
- Retaliate against you for taking leave
- Count your leave against you under a no fault attendance policy
- Require you to find a replacement worker for your time off
How to Report FMLA Retaliation
You have several options for reporting FMLA violations. A good Family Medical Leave Act Lawyer in California helps you choose the best path for your situation and protects your rights throughout the process.
File a Complaint with the Department of Labor
- The Wage and Hour Division enforces federal FMLA
- You can file a complaint online or by phone
- The Department of Labor investigates your claim
- The deadline to file is 2 years from the violation or 3 years for willful violations
- This process is free but can be slow
File a Lawsuit in Court
- You can sue your employer directly for FMLA violations
- You can recover lost wages benefits and other damages
- You can also recover emotional distress damages in some cases
- Your employer may have to pay your attorney fees if you win
- The deadline to sue is 2 years or 3 years for willful violations
File a CFRA Claim with the Civil Rights Department
- CRD enforces the California Family Rights Act
- You must file within 1 year of the retaliation
- CRD investigates and can order reinstatement and back pay
- You can also get a right to sue letter to file your own lawsuit
- CFRA often provides stronger protections than federal FMLA
File a Retaliation Lawsuit Under California Law
- California Labor Code also protects workers who take medical leave
- You can sue for retaliation under multiple state laws
- You may recover waiting time penalties and other damages
- The deadlines vary by law so talk to a lawyer quickly
- A lawyer can help you file all your claims at once
What You Can Recover for FMLA Retaliation
If you win your FMLA case, you can recover more than just your lost pay. A Family Medical Leave Act Lawyer in California can help you understand the full range of remedies available, as California law provides strong penalties for employers who break the rules.
Lost Wages and Benefits
- Back pay for all the wages you lost
- The value of lost health insurance or other benefits
- Front pay if you cannot return to your old job
- Lost bonuses commissions or overtime you would have earned
- Lost 401k contributions or pension benefits
Other Damages
- Emotional distress for anxiety depression or humiliation
- Punitive damages to punish your employer for bad behavior
- Attorney fees and court costs paid by your employer
- Reinstatement to your old job or an equivalent job
- Injunctive relief to stop your employer from breaking the law again
Statute of Limitations for FMLA Claims
Deadlines are strict. Missing your deadline destroys your right to recover anything.
- Federal FMLA lawsuit: 2 years from the violation or 3 years for willful violations
- CFRA complaint with CRD: 1 year from the retaliation
- CRD right to sue lawsuit: 1 year from the right to sue letter date
- California Labor Code retaliation claims: 1 to 3 years depending on the claim
- Wrongful termination lawsuit: 2 years from termination
How Our Family Medical Leave Act Lawyer Can Help You
FMLA cases require quick action and a lawyer who knows both state and federal law. Our employment lawyers at Setareh Law fight to get you everything you are owed.
Free Case Review
We listen to your story about your leave request and what happened after. We look at your emails texts and performance reviews. We tell you honestly if you have a strong case.
Evidence Gathering
We help you collect all your medical records and leave requests. We talk to your coworkers who saw what happened. We build a timeline that proves retaliation.
Agency Filing
We file your complaint with the Department of Labor or CRD if that helps your case. We handle all the paperwork and deadlines so you do not have to stress.
Lawsuit Filing
We sue your employer in state or federal court when that is the best path. We handle every step from the first filing to the final trial.
Full Compensation Recovery
We fight for every dollar you lost. Back pay. Front pay. Emotional distress. Punitive damages. Attorney fees. You should not pay for your employer’s illegal behavior.
Why Choose Setareh Law for Your FMLA Case
You have choices when picking a lawyer. Here is why California workers trust us.
We Focus on Workers Not Employers
Some law firms work for big companies. We do not. We only represent employees. Every case we take is about holding bad employers accountable.
We Know California Leave Laws
California has its own rules under CFRA. These rules are often better for workers than federal FMLA. We know both laws and how to use them together.
We Work on Contingency
You pay nothing upfront. No hourly billing. No hidden fees. We only get paid when you win. That is how confident we are in our work.
We Are Local
We know the California courts and the California judges. We know the CRD and the Department of Labor offices. Local knowledge helps us win.
We Fight Hard
Employers know we do not take lowball settlements. We push hard in every case. And we are ready to go to trial if that is what it takes.
Areas We Serve Across California
Our FMLA and CFRA lawyers represent workers throughout the entire state.
Counties: Los Angeles | Orange County | San Diego | Riverside | San Bernardino | Ventura | Santa Barbara | San Francisco | Alameda | Contra Costa | Sacramento | San Joaquin | Fresno | Kern | Stanislaus | Tulare | Monterey | Santa Clara | and every other county in the state.
Cities: Los Angeles, Long Beach, Glendale, Pasadena, Irvine, Anaheim, Riverside, San Bernardino, Ontario, San Diego, Chula Vista, Oceanside, Escondido, San Francisco, Oakland, San Jose, Fremont, Sacramento, Bakersfield, Stockton, and hundreds more.
FAQ's: Family Medical Leave Act Lawyer in California
What is the difference between FMLA and CFRA?
FMLA is federal law. CFRA is California state law. CFRA covers smaller employers with 5 or more workers. FMLA only covers employers with 50 or more workers. CFRA also covers more family members like grandparents and domestic partners.
Can I be fired while on FMLA leave?
No. FMLA leave is job protected leave. Your employer cannot fire you because you are on leave. But your employer can fire you for reasons completely unrelated to your leave like a company wide layoff.
Does FMLA leave have to be paid?
No. FMLA leave is unpaid leave. But California has paid family leave through the state disability program. You can collect partial pay from the state while you are on FMLA leave.
How much notice do I have to give my employer?
Give as much notice as you can. For planned leave give at least 30 days. For emergency leave tell your employer as soon as possible. The law does not require a specific number of days.
Can my employer ask for medical proof?
Yes. Your employer can ask for medical certification. They must give you at least 15 days to get it from your doctor. They cannot ask for your complete medical records or a diagnosis.
What if my employer says I am not eligible?
Ask for a written explanation. Your employer must tell you why they think you do not qualify. If they are wrong you can fight back with a lawyer.
Can I take FMLA leave for mental health reasons?
Yes. A serious mental health condition qualifies for FMLA leave. You need documentation from a mental health provider. Depression severe anxiety and PTSD are common qualifying conditions.
What should I do if my employer retaliates against me?
Document everything. Save every email and text. Write down every conversation. Then call an FMLA lawyer immediately. The sooner you act the stronger your case will be.
Take the Next Step
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
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