FMLA Violation Attorneys in California

Were You Fired or Penalized for Taking Medical Leave?

If you were terminated, demoted, or disciplined after requesting or taking protected medical leave, your employer may have violated federal or California law.

Get a free and confidential case review. We charge no upfront fees. You pay nothing unless we recover compensation for you.

Protected Medical Leave Should Not Result In Job Loss

Federal and California law protect eligible employees who need time away from work for serious medical conditions, pregnancy, childbirth, or family caregiving responsibilities. Under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), qualifying employees may take job-protected, unpaid leave and return to the same or a comparable position once their leave ends.

Being terminated during protected leave — or immediately upon returning from leave — can be devastating. Employees may suddenly lose wages, health insurance coverage, retirement contributions, and job stability at a time when they are already dealing with serious personal or medical issues.

If an employer takes adverse action against an employee for exercising protected leave rights, it may constitute unlawful interference or retaliation under federal or California law.

Qualifying for FMLA and CFRA Leave

Eligible employees are able to take up to 12 weeks of job-protected, unpaid time off for qualified family or medical reasons. Qualified reasons for FMLA or CFRA include:

• A mental or physical illness, injury, or other serious health condition that makes you unable to perform essential job duties
• Taking care of a family member with a serious health condition
• Pregnancy, childbirth or bonding with a newborn infant
• Taking care of a family member who incurred serious injury or illness as part of their military service (up to 26 workweeks)

Eligible employees must meet the following requirements to qualify for leave:

• They must have worked for their employer for at least 12 months.
• They must have worked 1,250 hours or more during the past 12 months.
• The employer must have at least 50 employees within a 75-mile radius for FMLA, or 5 or more employees under CFRA.

Employees are required to give 30 days of advanced notice if the leave is foreseeable, or as soon as possible if not.

Common FMLA / CFRA Violations

Employers violate FMLA or CFRA when they:

• Refuse to authorize FMLA leave despite eligible reasons
• Change or reduce an employee's schedule to make them ineligible for FMLA
• Discourage employees from FMLA use
• Create a hostile work environment in response to leave requests
• Deny intermittent leave when medically certified
• Count FMLA leave as normal work absences
• Respond to FMLA requests with negative performance reviews or disciplinary action
• Make employees respond to work emails or phone calls during leave
• Assign undesirable job duties or reduce your hours upon return to work
• Refuse to reinstate the employee at the end of FMLA leave
• Fail to maintain group health insurance during protected leave

Potential Compensation For FMLA Violations

If your employer has violated your rights under the Family Medical Leave Act or the California Family Rights Act, your employer may be legally required to provide you the following:

• Job reinstatement – Return to the same or an equivalent position with comparable pay, benefits, and working conditions.
• Back pay – Lost wages, salary, bonuses, and employment benefits resulting from unlawful termination, demotion, or retaliation.
• Front pay – Compensation for future lost earnings if reinstatement is not feasible.
• Restored benefits – Recovery of lost health insurance coverage, retirement contributions, or other employment benefits.
• Emotional distress damages – Available in certain California CFRA cases.
• Attorneys' fees and costs – Employers may be required to pay reasonable attorneys' fees if you prevail.

Under the federal FMLA, employees may also recover liquidated damages equal to the amount of lost wages and benefits (plus interest), unless the employer proves it acted in good faith.

Time Limits For Filing FMLA Violation Claims

Strict deadlines exist for filing claims of FMLA violations against your employer. The statute of limitations for a private lawsuit against your employer are as follows:

• Within two years of your employer violating your rights under FMLA
• Within three years if your employer violated your FMLA rights willfully

Sign up for a free consultation with an FMLA violation lawyer as soon as possible to discuss your legal options under existing employment laws and determine how much time you have left to file a claim.

How Our Attorneys Can Help

The legal process can be complicated and difficult for the average person to navigate. Whether you have already started gathering information, or if you aren't sure where to start, our FMLA attorneys can help you understand how to proceed with a potential case.

Our FMLA violation attorneys can evaluate your claim and determine which legal protections under FMLA, CFRA and other employee protection laws apply to your situation. Our legal team achieves this through a thorough review of your schedule, FMLA leave, HR and employer communications, performance reviews, existing company policies, and any inconsistencies between policy, communications and employer behavior.

Once we determine which claims will be made against your employer, we will handle the bulk of the work. This includes building your case for a lawsuit and communicating with your employer and their counsel. If you are making a CFRA claim, we will ensure proper filing with the California Civil Rights Department (CRD) and obtaining a right-to-sue notice before filing suit.

Our FMLA attorneys will pursue the financial recovery that you're legally owed, including front pay, back pay, lost benefits and potentially liquidated damages. Remember: your employer cannot legally retaliate against you for exercising your rights. If you are fearful of employer retaliation, our employment attorneys can help protect your rights.

We do all of this with no upfront fees or hourly billing from you. We recover our attorneys' fees and costs only if you prevail in your claim, which you do not pay for out of pocket.

FMLA Violations: Frequently Asked Questions

Can you be fired while on FMLA Leave?

Yes and no. Your employer may still lawfully terminate you for legitimate, non-retaliatory reasons unrelated to your leave, such as documented performance issues, misconduct, fraud or company-wide layoffs. However, an employer cannot terminate an employee because they requested or used protected leave. The key question is whether the leave was a motivating factor in the employer's decision. Talk to a FMLA attorney to discuss your situation.

What if my employer says my position was eliminated?

Your employer needs to show that your position was eliminated for reasons unrelated to your leave. Legitimate reasons include loss of revenue, a company restructure, or if the company genuinely no longer needs the position. Employers cannot use these reasons as an excuse to retaliate against your decision to take leave or make you unable to return. Courts often examine the timing of the termination and whether similarly situated employees were treated differently.

What does retaliation for FMLA leave look like?

A sudden change in treatment after requesting leave can be evidence of retaliation. Employer retaliation may include: Firing an employee; Demotion to a lesser job position; Losing out on a promotion; Reduction in pay; Negative performance reviews; Being excluded from meetings or project opportunities; Reduction in hours or an unfavorable work schedule; Being assigned less desirable job duties. In cases of retaliation, it may be helpful to compare your work environment to the way your employer treats your similarly situated colleagues.

Does FMLA apply to small businesses?

Generally, no. The Family and Medical Leave Act applies to private businesses with at least 50 employees within a 75-mile radius, for 20 or more workweeks in the current or previous calendar year. This federal law also covers public agencies and local educational agencies, regardless of size. However, California's CFRA applies to employers with five or more employees.

Can my employer deny intermittent leave?

Your employer cannot deny intermittent leave without a legitimate reason. Valid reasons include ineligibility for FMLA leave, improper medical certification, a non-qualifying reason, an unreasonable schedule or failure to follow proper leave policies. Employers may require proper medical certification and may request that intermittent leave be scheduled in a way that minimizes workplace disruption when medically possible.

What evidence can help prove an FMLA violation?

Helpful evidence in an FMLA or CFRA case may include: FMLA or CFRA request forms, approval or denial notices, and medical certification documents; Emails, text messages, or written communications with supervisors or Human Resources regarding your leave; Work calls, emails, or assignments you received during protected leave; Attendance records or payroll records reflecting your leave status; Performance reviews or disciplinary memos before and after your leave request; Written explanations for termination, demotion, or discipline; Records showing changes in job duties, responsibilities, or compensation after your return; Employer leave and attendance policy documents; Witness statements from coworkers; Documentation showing the timing of any adverse action in relation to your leave. Consult with an FMLA violation attorney to discuss what else may be needed to support your claim.

What's the difference between FMLA and CFRA?

Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) both entitle eligible employees to receive 12 weeks of unpaid, job-protected leave for their own or a family member's serious health condition, the birth of a child or caregiving duties related to a family member's military service. Here are a few key differences: Employer size: FMLA generally applies to private employers with 50 or more employees within a 75-mile radius. CFRA applies to California employers with five or more employees. Family members: FMLA allows leave to care for a spouse, child or parent. CFRA expands this to include siblings, domestic partners, grandparents, grandchildren, and parents-in-law. Pregnancy: FMLA treats pregnancy as a qualifying serious health condition. In California, pregnancy disability leave is provided under a separate law (PDL), and employees may also be entitled to additional bonding leave under CFRA. Military service: Under the federal FMLA, eligible employees may take up to 26 weeks of military caregiver leave to care for a covered servicemember with a serious injury or illness, and up to 12 weeks for qualifying exigency leave related to a family member's deployment. Under California's CFRA, employees may take up to 12 weeks to care for a covered servicemember, but CFRA does not provide qualifying exigency leave. Because these laws overlap and interact in complex ways, speaking with an employment attorney can help clarify which protections apply in your situation.

Speak With a California FMLA Attorney Today

FMLA violation claims have strict deadlines that depend on employer conduct. If you've had your FMLA leave request denied, experienced retaliation or lost your job for leave-related reasons, do not delay. Get a free and confidential case review from our FMLA lawyers. No upfront fees for our services. We only get paid if we recover compensation for your case.