California FMLA Attorney – Justice for Your Leave of Absence
If your employer denied or retaliated against your leave of absence, they may have violated the Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA). Take legal action now. Contact the California FMLA Lawyers at Wilshire Law Firm for a free case review. Our award-winning employment attorneys have recovered more than $1 billion for clients.
Call us 24/7 at (800) 501-3011.
Table of Contents
- Justice with a California FMLA Lawyer
- Leave of Absence Requirements and Regulations
- Protected Leaves of Absence
- Our FMLA Lawyers Will Identify Leave Violations
- Deadlines for Leave of Absence Claims
- Free Case Review with FMLA Attorneys in California
- More Helpful Resources
Justice with a California FMLA Lawyer
Your work is important to you, but so is your family. We can’t plan what life throws at us—and we especially can’t plan for needing to take significant time off from work. If you’ve attempted to take a protected leave of absence and suffered an adverse employment action as a result, the Los Angeles FMLA attorneys at Wilshire Law Firm are here to protect your legal rights. We serve the entire state of California and many areas of Nevada.
Whether you took a continuous leave of absence or broke it into an intermittent FMLA leave, your rights matter. Our team can analyze and discuss your claim with you while identifying the legal remedies that may be available in your case.
Get started with our free and confidential case review process and pursue the justice and compensation you deserve.
Our FMLA Attorneys Will Walk You Through Leave of Absence Requirements and Regulations
Both federal and state laws allow certain employees the necessary time off from work to attend to family matters or serious medical concerns without risking job loss or suffering from other adverse employment action. This includes both the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), along with disability, pregnancy, and other leave statutes.
In order to be eligible for FMLA or CFRA leave, employees must:
- Be full-time or part-time employees
- Have worked for their employer for more than 12 months on a full-time or part-time basis
- Have worked at least 1,250 hours in the 12-month period prior to the initial leave date
- Work at a location where the employer has at least 50 employees within a 75-mile radius
Although employees are welcome to use vacation, sick, and other Paid Time Off (PTO) during their leave, most leaves are typically unpaid. The majority of eligible workers are entitled to 12 weeks of job-protected leave. However, due to complex and overlapping regulations, there can be a wide range of leave time that you may be allowed.
If you took a protected leave of absence and your employer fired you or took an adverse employment action against you as a result, immediately contact the FMLA attorneys at Wilshire Law Firm to assess your claim and discover the remedies available. Our employment lawyers are here to help you obtain justice and fair compensation.
Protected Leaves of Absence
In addition to FMLA and CFRA leave, employees are also entitled to many other leaves here in California. Some examples include:
- Medical leave to care for yourself or a family member
- Pregnancy disability leave
- Maternity/paternity leave
- Disability leave
- Military leave
- Stress leave from work
- Leave for jury duty
- Workers’ compensation leave.
Our Family Medical Leave Attorneys Will Identify Leave Act Violations
Once your employer grants you a leave of absence, they must provide you with the same or a similar work position upon your return from leave. Failure to do so is just one example of a Leave Act violation. Additional violations include the following:
- Denying a valid leave request
- Terminating or demoting an employee who takes leave
- Changing an employee’s role following their return to work
- Harassing an employee for taking a protected leave
- Retaliating against an employee for taking leave
- Failing to continue paying for the health insurance benefits of an employee on leave
Employees victimized by such adverse employment actions should always start by speaking with their boss and human resources department. Sometimes a quick conversation is all that is required to correct such workplace grievances. If that fails, it’s time to contact the legal professionals at Wilshire Law Firm—we’ll fight to protect your rights.
One important aspect of the evaluation of an employee’s leave of absence is, in the case of medical leaves, determining whether the medical condition is a “serious health condition” that warrants protection. Generally speaking, medical conditions that require multiple doctor visits in a short period of time, last more than three days, and prevent the employee from working are likely to qualify as serious conditions.
Deadlines to Take Action on Leave of Absence Violations
If your employer denies you leave, You have one year from the date of that denial to file a discrimination complaint with the Department of Fair and Equal Housing (DFEH) . The DFEH will investigate your employer and impose penalties if they committed a violation.
Lawsuit Statute of Limitations for FMLA Claims
In California, the statute of limitations for filing a lawsuit for an FMLA violation is two years from the date of the alleged violation. This two-year period applies to any claim arising from employer interference with, or failure to grant, an employee’s rights under the Family and Medical Leave Act (FMLA). In cases where the violation is considered willful, the statute of limitations may extend to three years.
Employees should be aware that any claim for interference or denial of FMLA rights must first be submitted to the Wage and Hour Division of the U.S. Department of Labor (DOL) before filing a lawsuit in court. The DOL has its own statute of limitations, and any claims must be filed within two years of the alleged violation (or three years in cases involving willful violations).
After filing with the DOL, employees may file a lawsuit in state or federal court within 90 days of receiving notification from the DOL that it cannot resolve their claim.
Free Case Review with Experienced FMLA Lawyers in California
Since 2007, the experienced California FMLA attorneys at Wilshire Law Firm have been fighting for our clients. We have recovered over $1 billion for those clients and will fight for you. Begin today by starting a free and confidential case evaluation. We work on a contingency fee basis, so you pay no fees unless you win. We’re here to take your call 24/7. Contact us today at (800) 501-3011.
Frequently Asked Questions About FMLA Lawsuits
Can You Be Fired While On Leave?
Employers in the state of California are barred from interfering with or retaliating against employees who assert their legal rights under the FMLA, CFRA, and related statutes. In most cases, this includes not being able to fire an employee who has taken a valid leave of absence under one of those statutes. Nevertheless, there are certain exceptions to this rule, such as:
- Employees who take an invalid leave
- Employees who are subject to company-wide layoffs
- Key Employees (among the highest-paid 10% of all employees of the employer) may be denied job restoration if their return creates an undue level of hardship or injury to the employer
What is an FMLA Intermittent Leave of Absence?
The Family and Medical Leave Act (FMLA) allows employees to take time off from work for certain medical and family needs . Intermittent leave is when you take short periods of time off instead of one larger period. Eligible employees are still entitled to the same amount of protected leave as other FMLA-qualifying categories, but can break it up into smaller chunks throughout their 12-month period if necessary. For example, an employee may be eligible for 12 weeks of FMLA leave and could choose to take 4 hours off every two weeks rather than using all 12 weeks back-to-back.
More Helpful Resources
- Start a Free Case Review
- California Paid Family Leave
- Workers’ Compensation Lawyers – For Workplace Accidents
- Employers and Tattoos, Piercings, or Hairstyles in California
- Sexual Harassment in the Workplace
- Pregnancy Discrimination at Work
- Disabled Worker Rights in California
- Disability Discrimination
- Workplace Retaliation in California
- California Employment Law