Taking time off work to care for your health or a family member shouldn’t entail risking your job or your income. The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are designed to protect your right to take that time without being punished. Unfortunately, some employers ignore or violate those rights.
Since 2007, Moon Law Group, PC, has focused solely on representing workers across Los Angeles and California in complex, labor-intensive employment matters. As one of the largest plaintiff’s employment law firms in California, our lawyers have recovered millions of dollars for employees. We have extensive experience handling FMLA and CFRA claims, including class actions and collective actions, and we’re ready to protect your rights.
If you’ve been denied medical leave or face retaliation for taking it, contact Moon Law Group today to speak with a Los Angeles FMLA lawyer about your next steps. Your consultation is free and confidential.
How Can a Los Angeles FMLA Lawyer Help with My Case?
When you’re dealing with a serious health issue or caring for a loved one, the last thing you need is pushback from your employer. If your request for leave is met with vague explanations, delays, or threats, it’s time to get legal guidance. A Los Angeles FMLA attorney can explain your rights under California FMLA laws.
An attorney from Moon Law Group can confirm whether you’re eligible for FMLA or CFRA leave, help you gather the right medical documentation, and make sure you meet all notice and timing requirements. If your employer denies your leave or retaliates against you, our firm will represent you in negotiations, agency filings, or court.
Our law firm operates on a contingency-fee basis, meaning you pay nothing unless we successfully resolve your FMLA matter. You have nothing to lose to get started, so reach out to us today.
For a free legal consultation with a family and medical leave act (fmla) lawyer serving Los Angeles, call 213-232-3128
What Is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave within a 12-month period. You can use this leave to do the following:
- Recover from a serious health condition
- Care for a close family member who is seriously ill
- Bond with a new child through birth, adoption, or foster care
- Handle certain obligations related to a family member’s military service
When you return from FMLA leave, your employer must reinstate you to the same job. Alternatively, they may give you a position with the same pay, benefits, and responsibilities. It’s illegal for an employer to deny you this leave if you qualify. They can’t interfere with your ability to take it or retaliate against you for using it. If any of that has happened, you may have a legal claim.
Many employees aren’t sure how to apply for FMLA leave. Start by notifying your employer as soon as you know you’ll need time off. You don’t have to mention the law by name, but you do need to provide enough information for your employer to understand that the leave may qualify. In most cases, your employer will require you to complete specific forms and submit medical certification.
Los Angeles Family And Medical Leave Act (fmla) Lawyer Near Me 213-232-3128
What Is the California Family Rights Act (CFRA)?
The California Family Rights Act (CFRA) is a state law that provides similar protections to the FMLA but with broader coverage. Like the FMLA, the CFRA allows eligible employees to take up to 12 weeks of job-protected, unpaid leave in a 12-month period. However, the CFRA includes several key differences that can make it more accessible to California workers.
The CFRA covers a wider range of family relationships, including the following:
- Domestic partners
- Adult children
- Siblings
- Grandparents
- Grandchildren
It also allows for leave under circumstances that may not meet the stricter “serious health condition” standard under the FMLA. In some cases, you may even qualify for CFRA leave in addition to any FMLA leave you’ve already used.
Another important distinction is that the CFRA applies to private employers with just five or more employees. This makes the leave available to far more workers than the FMLA’s 50-employee requirement.
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What Are My FMLA and CFRA Rights?
If you’re eligible under the FMLA or CFRA, you have the right to take protected leave without putting your job at risk. These laws are designed to give you time to care for your health or a family member without losing your income, benefits, or position.
While you’re on leave, your employer must comply with the following FMLA requirements:
- Maintain your group health insurance on the same terms as if you were still working; and
- Reinstate you to your same job when you return; or
- Offer you a comparable job with similar pay, benefits, and working conditions.
Employers also have a legal duty to do the following:
- Respond to your leave request within specific timeframes
- Provide written notice of your rights under the FMLA and CFRA
- Avoid interfering with, discouraging, or retaliating against your use of leave
If your employer gives you the wrong information about the types of leave you qualify for, that may be an FMLA violation. Similarly, if they don’t tell you about your rights at all, our FMLA law firm can review your situation and help you seek accountability.
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How Do I Know if I’m Eligible for FMLA and CFRA Leave?
Not every employee qualifies for FMLA or CFRA leave. However, if you do, the rules differ depending on which law applies. Understanding the eligibility criteria is the first step in protecting your rights.
The following are what would qualify you for FMLA leave:
- Have worked for your employer for at least 12 months
- Have logged at least 1,250 hours in the past 12 months
- Work for a company with 50 or more employees within a 75-mile radius
To qualify for CFRA leave, you must do the following:
- Meet the same employment duration and hour requirements
- Work for an employer with five or more employees, regardless of location
Many workers who don’t qualify for FMLA are still protected under CFRA.
What Are Common Examples of FMLA and CFRA Violations?
Employers don’t always follow the rules when it comes to FMLA and CFRA leave. In some cases, they outright deny valid leave requests without providing a reason. Other times, they allow the leave but fail to reinstate the employee to the same or a comparable job once the leave ends, as both the FMLA and CFRA clearly require.
Retaliation against FMLA requests also happens. Some employers demote workers or reduce their hours of work. Others create a hostile work environment in response to a leave request or after the employee returns to work. Employers may demand medical information that exceeds what the law permits, or intentionally misclassify employees to deny their eligibility for leave.
Moon Law Group has extensive experience handling and successfully resolving CFRA and FMLA violations, including cases involving widespread policy violations and large groups of employees.
What If I’m Fired or Face Discrimination Upon Return to Work from FMLA Leave?
If you’re fired, demoted, or treated differently after taking FMLA or CFRA leave, your employer may have broken the law. Both the FMLA and CFRA prohibit adverse actions taken because you used your right to take protected leave. If your employer terminated or disciplined you, or changed your duties, those situations often qualify as retaliation or wrongful termination.
At Moon Law Group, we carefully investigate these cases by reviewing the timeline of events, supervisor communications, HR records, and whether company policies were applied fairly. Our attorneys look for patterns in how other workers were treated, signs of shifting explanations, and any effort to disguise their retaliatory actions.
Can I Sue My Employer for Denying Me Leave Under the FMLA and CFRA?
Yes, you can sue your employer for denying you leave under the FMLA, the CFRA, or both. Depending on which law applies to your situation, your claim may be filed in state or federal court. In some cases, you may also need to complete an administrative process, like filing a complaint with the Civil Rights Department, before pursuing a lawsuit.
Moon Law Group can help you through each stage of this process. We assist with administrative filings when required, evaluate whether your case should proceed individually or as a class action, and manage the legal issues that can come with overlapping FMLA and CFRA protections. If your case involves a pattern of violations that affects other workers, we’re ready to bring collective or class action claims.
What Damages Could I Recover for Denied FMLA/CFRA Leave or Retaliation for Using It?
If your employer denied your FMLA or CFRA leave or retaliated against you, you may be entitled to compensation. The potential compensation depends on the specific facts of your case and the applicable law. Some damages are meant to make up for what you lost, while others are meant to hold your employer accountable.
Depending on your case, you may be able to recover the following:
- Lost wages and benefits
- Money (under the FMLA) equal to the amount of lost wages
- Emotional distress damages (under the CFRA)
- Attorneys’ fees and court costs
- Reinstatement to your former position or front pay for future lost earnings
How Long Do I Have to File a Claim for FMLA/CFRA Violations?
FMLA claims must usually be filed within two years, or three years if the violation was willful. CFRA claims must be filed with California’s Civil Rights Department within three years of the violation. Acting quickly is important. Waiting too long can weaken your case and make it harder to gather evidence.
What If I’m Not the Only One at My Workplace Who’s Being Denied FMLA/CFRA Leave?
If others at your workplace have also been denied FMLA or CFRA leave, your case may qualify for a collective or class action. Common examples include company-wide policies that misstate the eligibility requirements, routine rejection, or widespread retaliation.
If you believe you have been denied your rightful leaves, contact our Los Angeles medical claim leave lawyers today.
Call or text 213-232-3128 or complete a Free Case Evaluation form
