FMLA Lawyer in Los Angeles
Protecting Los Angeles employees’ rights to medical leave and job protection under the FMLA.
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Los Angeles workers balance demanding jobs with family responsibilities, medical needs, and personal health challenges. Every day, employees in healthcare, entertainment, technology, retail, and logistics need time off for serious health conditions, new children, or caring for sick family members. Setareh Law Group has represented California employees for over 25 years, holding employers accountable when they deny leave, fire workers for taking time off, or retaliate against employees who assert their rights under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).
If your employer has denied your leave request, fired you after you took time off, or retaliated against you for requesting medical leave, you have legal rights. This page explains how FMLA and CFRA claims work in Los Angeles, what deadlines apply, and how Setareh Law Group can help you protect your right to take leave.
Key Information for Los Angeles Workers Needing Medical Leave
- Most common FMLA and CFRA violations in Los Angeles: denial of leave, termination after taking leave, failure to reinstate, and retaliation for leave requests.
- Where cases are filed: Los Angeles County Superior Court Stanley Mosk Courthouse, 111 N Hill St, Los Angeles, CA 90012.
- Statute of limitations for FMLA and CFRA claims:Two years for most violations, three years for willful violations under 29 USC § 2617.
Our Office Location Serving Los Angeles Clients
Our law office is located in Beverly Hills at 420 N Camden Dr, Beverly Hills, CA 90210, approximately 10 miles from downtown Los Angeles. We represent Los Angeles workers through phone, video conferencing, and in‑person meetings at the Los Angeles County Superior Court (Stanley Mosk Courthouse) or by appointment. We serve all of California from this single physical office.
Firm Background at a Glance
Setareh Law Group is an employment law firm founded in 1999 by Chaim Shaun Setareh (California Bar Number 204514), headquartered at 420 N Camden Dr, Beverly Hills, CA 90210, representing employees throughout California in FMLA and CFRA leave violations, retaliation, discrimination, wrongful termination, and wage theft cases. You can verify his bar status through the State Bar of California attorney search.
Major Employers in Los Angeles
Employer | Industry | Los Angeles Area Employees |
Cedars Sinai Medical Center | Healthcare | 20,000+ |
Kaiser Permanente Los Angeles | Healthcare | 15,000+ |
Los Angeles Unified School District | Education | 60,000+ |
City of Los Angeles | Government | 50,000+ |
University of Southern California | Education / Research | 20,000+ |
What Is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave per year for specific family and medical reasons. The law also requires employers to restore employees to their same or equivalent position after leave. The U.S. Department of Labor Wage and Hour Division is the federal agency that enforces the FMLA.
FMLA leave can be taken for
- The birth of a child or placement of a child for adoption or foster care
- Caring for a spouse, child, or parent with a serious health condition
- The employee’s own serious health condition that makes them unable to perform their job
- Qualifying exigencies arising from a family member’s military service
- Caring for a covered servicemember with a serious injury or illness
A FMLA lawyer in Los Angeles can help you determine whether your situation qualifies for FMLA protection. For more information, see our family medical leave act attorneys page.
What Is the California Family Rights Act (CFRA)?
The California Family Rights Act is the state equivalent of the FMLA. CFRA provides similar protections but with some important differences. CFRA applies to employers with five or more employees, while FMLA applies only to employers with 50 or more employees. The California Civil Rights Department (CRD) enforces CFRA.
CFRA leave can be taken for
- The employee’s own serious health condition
- Caring for a family member with a serious health condition including parent, child, spouse, domestic partner, grandparent, grandchild, or sibling
- Bonding with a new child within one year of birth, adoption, or foster care placement
- A qualifying exigency arising from a family member’s military deployment
CFRA leave is up to 12 weeks per year. Unlike FMLA, CFRA does not cover leave for an employee’s own pregnancy disability because that is covered under Pregnancy Disability Leave (PDL). A FMLA lawyer in Los Angeles can help you understand which law applies to your situation. Learn more about CFRA vs. FMLAState Bar of California attorney search in California .
Who Is Eligible for FMLA and CFRA Leave?
Not every employee is eligible for FMLA or CFRA leave. Both laws have specific eligibility requirements that must be met.
FMLA eligibility requirements
- Employer must have 50 or more employees within 75 miles
- Employee must have worked for the employer for at least 12 months
- Employee must have worked at least 1,250 hours in the 12 months before leave
CFRA eligibility requirements
- Employer must have 5 or more employees
- Employee must have worked for the employer for at least 12 months
- Employee must have worked at least 1,250 hours in the 12 months before leave
If you meet these requirements, your employer cannot deny you leave for a qualifying reason. A FMLA lawyer in Los Angeles can help you determine your eligibility.
What Is a Serious Health Condition Under FMLA and CFRA?
A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
Examples of serious health conditions include
- Cancer treatment including chemotherapy, radiation, or surgery
- Heart conditions such as heart attacks, bypass surgery, or congestive heart failure
- Stroke recovery including physical therapy and rehabilitation
- Mental health conditions requiring inpatient care or ongoing treatment
- Pregnancy complications and recovery from childbirth
- Chronic conditions such as diabetes, epilepsy, or asthma that require ongoing treatment
- Recovery from major surgery
- Severe arthritis requiring joint replacement or ongoing treatment
If you have a serious health condition, your employer must provide leave. A FMLA lawyer in Los Angeles can help you if your employer denies your leave request.
What Rights Do You Have Under FMLA and CFRA?
Employees who take FMLA or CFRA leave have specific rights protected by law. Employers who violate these rights face significant liability.
Your rights under FMLA and CFRA include
- The right to take up to 12 weeks of unpaid leave per year for qualifying reasons
- The right to continue health insurance coverage under the same terms as if you were working
- The right to return to the same position or an equivalent position with equivalent pay, benefits, and working conditions
- The right to be free from retaliation for requesting or taking leave
- The right to be free from interference with your leave rights
If your employer violated any of these rights, you may have a claim. A FMLA lawyer in Los Angeles can help you understand your options. See our employment law services page for more information.
What Are Common FMLA and CFRA Violations in Los Angeles?
Los Angeles workers face many types of FMLA and CFRA violations. Recognizing these violations is the first step toward protecting your rights.
Common violations include
- Denying leave to an eligible employee for a qualifying reason
- Firing or laying off an employee while on leave or immediately after returning from leave
- Demoting an employee or reducing their pay after they return from leave
- Failing to reinstate an employee to the same or equivalent position
- Interfering with leave by requiring excessive documentation or denying intermittent leave
- Retaliating against an employee for requesting leave
- Failing to notify employees of their FMLA or CFRA rights
- Counting FMLA or CFRA leave against attendance policies or using it as a negative factor in performance reviews
If you experienced any of these violations, you should contact a FMLA lawyer in Los Angeles as soon as possible. See our examples of FMLA violations in California and top 5 FMLA violations in California pages.
Can Your Employer Deny Your FMLA or CFRA Claim?
Employers sometimes deny leave claims for reasons that are not legally valid. Understanding when a denial is illegal can help you fight back.
Valid reasons for denial are rare but may include
- Employee has not worked enough hours to qualify
- Employee has not been employed for 12 months
- Employer is not covered by the law due to size
- The medical condition does not qualify as a serious health condition
Invalid reasons for denial include
- The employer claims the employee is too important to replace
- The employer claims the leave would be too burdensome
- The employer claims the employee did not give enough notice even though it was not possible
- The employer claims the employee did not provide enough documentation even though they provided what was requested
If your employer denied your leave for an invalid reason, a FMLA lawyer in Los Angeles can help you challenge the denial.
What Is Retaliation for Taking Medical Leave?
Retaliation occurs when an employer punishes an employee for taking FMLA or CFRA leave. Retaliation is illegal under both federal and state law.
Examples of retaliation for taking leave include
- Firing an employee immediately after they return from leave
- Demoting an employee or reducing their pay after leave
- Giving negative performance reviews that are inconsistent with prior reviews
- Transferring an employee to a less desirable location or shift
- Excluding the employee from meetings or opportunities for advancement
- Harassing the employee about their leave or medical condition
If you experienced any of these actions after taking leave, you may have a retaliation claim. A FMLA lawyer in Los Angeles can help you evaluate your situation. Learn more about retaliation after filing a complaint and workplace retaliation lawyer .
What Damages Can You Recover for FMLA or CFRA Violations?
California and federal law allow employees to recover significant damages when employers violate their leave rights.
Types of compensation available
- Lost wages and benefits including back pay for all wages, health insurance, retirement contributions, and other benefits lost because of the violation
- Front pay which covers future lost wages if you cannot return to your former job
- Emotional distress damages providing compensation for anxiety, depression, humiliation, and loss of sleep
- Liquidated damages which are an additional amount equal to your actual damages under the FMLA
- Attorney fees and court costs which your employer pays if you win
- Injunctive relief which is a court order requiring your employer to change its policies
- Reinstatement meaning the court orders your employer to give you your job back
Setareh Law Group has recovered over one billion dollars for California workers, including millions in FMLA, CFRA, and medical leave violation cases. See our wrongful termination settlements in California and average FMLA violation settlement in California pages.
How Do You Request FMLA or CFRA Leave?
Properly requesting leave is important to protect your legal rights. Your employer cannot deny leave simply because you did not use a specific form, but you should follow your employer’s procedures.
Steps to request FMLA or CFRA leave
- Notify your employer as soon as you know you need leave. If the need is foreseeable such as a planned surgery, give at least 30 days notice.
- Provide enough information so your employer knows the leave may be FMLA or CFRA qualifying. You do not need to mention the specific law by name.
- Complete any required certification forms provided by your employer. Your health care provider will need to complete these forms.
- Keep copies of all communications and forms for your records.
- Follow up if your employer does not respond to your request within a reasonable time.
If your employer interferes with your request or denies your leave, contact a FMLA lawyer in Los Angeles immediately. For more guidance, see our how to file an HR complaint in CA page.
What Information Must the Employee Provide to the Employer?
Under FMLA and CFRA, employees must provide sufficient information to put the employer on notice that leave may be qualifying. The employee does not need to specifically mention the law by name.
Information your employer may request includes
- Certification from a health care provider including the date the condition began, the expected duration of treatment, and medical facts supporting the need for leave
- For family member leave, information about the family member’s serious health condition and why the employee’s care is needed
- For military family leave, documentation of the family member’s military service and the qualifying exigency
Your employer must provide you with the certification forms and give you at least 15 days to complete them. A FMLA lawyer in Los Angeles can help you if your employer demands unreasonable documentation.
Local Resources for FMLA and CFRA Claims in Los Angeles
Fact 1: The Los Angeles County Superior Court Stanley Mosk Courthouse at 111 N Hill St, Los Angeles, CA 90012 handles civil employment cases for Los Angeles County. FMLA and CFRA cases are filed in this courthouse.
Fact 2: The nearest federal court for FMLA claims is the US District Court Central District of California at 350 W 1st St, Los Angeles, CA 90012. FMLA claims can be filed in either state or federal court.
Fact 3: The US Department of Labor Wage and Hour Division has an office in Los Angeles at 915 Wilshire Blvd, Suite 910, Los Angeles, CA 90017. This office investigates FMLA violations at the federal level.
Why Choose Setareh Law Group for Your Los Angeles FMLA Case
- Over one billion dollars recovered for California workers since 1999, including FMLA, CFRA, and medical leave violation cases.
- 25 plus years of employment law experience. Founding attorney Chaim Shaun Setareh (Bar Number 204514) has practiced exclusively in employment law since 1999.
- Recognized by Super Lawyers, Best Lawyers, and CAALA. These are third party recognitions you can verify.
- Licensed in all California federal courts, including the Central District of California which covers Los Angeles.
- Spanish speaking staff available. Hablamos Español.
- Contingency fee means you pay nothing upfront. We only get paid if we win or settle your case. If we do not recover for you, you owe us nothing for our time.
Areas We Serve Across California
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: FMLA Lawyer in Los Angeles
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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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