$825K
Oakland leave of absence settlement: a worker who had come back from approved medical leave was later fired and alleged retaliation and wrongful termination by the employer.
Employment
California Leave of Absence Lawyer
Were you denied protected leave or punished for taking time off? At Wilshire Law Firm — an award-winning, nationally recognized team — we help California employees enforce their FMLA, CFRA, and disability leave rights. Contact us 24/7 for a free case review with a legal professional — there are no fees unless you get paid.
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Understanding Your Leave of Absence Case
Explore essential resources on your rights, your options, and what to expect — everything you need to navigate the legal process, all in one place.
A protected leave of absence is time away from work that your employer cannot lawfully deny or punish you for taking. California and federal law recognize several protected leave types, including leave under the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), paid sick leave, and military leave. If your employer interfered with any of these rights, a legal professional can review your situation during a free case review.
Eligibility generally depends on your employer's size and how long you have worked there. Under both the FMLA and CFRA, employees typically qualify if they have worked for the employer for at least 12 months and logged at least 1,250 hours in the prior year. CFRA generally applies to employers with 5 or more employees, while the FMLA applies to those with 50 or more. Qualifying employees can generally take up to 12 weeks of job-protected leave for a serious health condition, to bond with a new child, or to care for a family member. Because eligibility rules vary, it is best to confirm your rights with a legal professional.
You may have grounds for a legal claim. Employers are prohibited from denying qualified leave, interfering with your leave rights, or retaliating against you for requesting or taking protected time off. Retaliation can include termination, demotion, cut hours, or a hostile change in working conditions. Wilshire Law Firm investigates what happened, determines whether your employer violated leave laws, and builds your case for negotiation or litigation. Learn more about workplace retaliation →
Employees whose leave rights were violated can generally recover lost wages and benefits, reinstatement to their position, and compensation for emotional distress. In some cases, additional damages and attorney's fees may be available. Because every case is unique, a legal professional can review your losses during a free case review.
Wilshire Law Firm is an award-winning, nationally recognized team that has helped California employees stand up to employers who violated their rights. Our attorneys explain your rights under California law, handle communications with your employer, and pursue the maximum recovery available — all with personalized attention. There are no fees unless you get paid.
Meet Our Leave of Absence Attorneys
Nationally Recognized Powerhouse, Fighting for the Justice You Deserve
Our award-winning attorneys have recovered billions for clients while taking on insurance companies and major corporations.
Learn more about the team
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John G. Yslas, Esq.Senior Partner, Chair of the Employment Wage & Hour Class Action Department
Mary Lee Caruso, Esq.Senior Partner
Tyler J. Woods, Esq.Senior Partner
Arrash Fattahi, Esq.Partner
Benjamin Haber, Esq.Partner
Nicol Hajjar, Esq.Partner
Diego Aviles, Esq.Junior Partner
Jeffrey Bils, Esq.Junior Partner
Emily Borman, Esq.Junior Partner
Jose Maria D. Patino, Jr., Esq.Junior Partner
Christina M. LeJunior Partner
William M. Pao, Esq.Junior Partner
Eugene Zinovyev, Esq.Junior PartnerRecent wins
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$750K
Los Angeles leave of absence settlement: an employee let go while on approved medical leave alleged disability discrimination and wrongful termination. The employer cited restructuring.
$650K
Los Angeles leave of absence settlement: a worker fired while on medical leave brought claims against the employer, alleging disability discrimination and wrongful termination.
$500K
Commerce leave of absence settlement: an employee on approved medical leave alleged being fired weeks before a scheduled return, with no prior warnings. The claims included disability discrimination.
$250K
Bakersfield leave of absence settlement: an employee on doctor-ordered medical leave alleged being fired during the leave. The termination letter gave no reason.
$125K
Downey leave of absence settlement: an employee alleged being fired while on medical leave after a warning that filing for protected leave would lead to termination.
*Past results do not guarantee similar outcomes. Each case is unique and evaluated on its own facts.
How Do I Know If I Have a Leave of Absence Claim in California?
You likely have a claim if you were eligible for protected leave, requested or took it, and your employer denied, interfered with, or retaliated against you for it. Protected leave includes FMLA, CFRA, Pregnancy Disability Leave, and paid sick leave. Evidence such as leave requests, medical documentation, and records of adverse actions strengthens your case. Because California deadlines apply, contact Wilshire Law Firm's employment attorneys for a free case evaluation.
Start Your Free Leave of Absence Case Review
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Record-breaking results
Winners of #1 Settlements in California
Our attorneys have recovered billions of dollars, including some of the biggest settlements in California.
17#1 Settlements in California, 2022–2024*
TopVerdict #1TopVerdict.com #1 settlements
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#1 Truck v. Pedestrian Accident Settlement
2024
#1 Multi-Vehicle Accident Settlement
2024
#1 Equipment Malfunction Settlement
2024
#1 Car v. Stationary Object Collision Settlement
2024
#1 Bus v. Passenger Accident Settlement
2024
#1 Whistleblower Retaliation Settlement
2023
#1 Underinsured Motorist Settlement
2023
#1 Slip & Fall Accident Settlement
2023
#1 Negligent Security Settlement
2023
#1 Ladder Accident Settlement
2023
#1 Hotel Premises Liability Settlement
2023
#1 Car v. Car Collision Settlement
2023
#1 Bicycle Accident Settlement
2023
#1 Pregnancy Discrimination Settlement
2022
#1 Age/Disability Discrimination Settlement
2022
#1 Wrongful Termination Settlement
2022
#1 Meal & Rest Breaks Settlement
2022
*#1 settlements in California have been awarded by TopVerdict.com. Past results do not guarantee similar outcomes.
Leave of Absence FAQs
Our Most Frequently Asked Questions
We've answered the most common ones below. If yours isn't here, call us — we're available 24/7.
A protected leave is time off that your employer cannot lawfully deny or punish you for taking. California's Family Rights Act allows eligible employees to take job-protected leave for a serious health condition, to bond with a new child, or to care for a family member. Other laws cover pregnancy disability and certain additional situations.
Eligibility generally depends on your employer's size and how long you have worked there. Under the California Family Rights Act, employees typically qualify if they have worked for a covered employer for at least 12 months and met a minimum number of hours. The federal FMLA has similar requirements but applies to larger employers.
The FMLA is the federal leave law and generally applies to employers with 50 or more employees, while the CFRA is California's law and applies to employers with five or more. The two overlap but are not identical; for example, they treat some family members and reasons for leave differently. In many cases leave can run under both at once.
Generally no. It is unlawful for a California employer to terminate, demote, or retaliate against an eligible employee for requesting or taking protected leave, and you are usually entitled to return to the same or a comparable position. If you were pushed out after asking for leave, that may be an interference or retaliation claim.
Deadlines vary depending on which leave law applies and the nature of the violation, and some are short. Because missing a filing deadline can end your case, it is best to confirm the applicable period with an attorney promptly. Do not wait to seek advice if you believe your leave rights were violated. Learn more about contingency fees → If this happened to you, you may have a claim for wrongful termination or retaliation, and a legal professional can review your options. If you work in the San Diego area, our San Diego employment lawyers can review your leave dispute.