California FMLA Lawyer

At Greenberg Gross LLP, our California FMLA lawyers represent employees whose protected medical or family leave has been denied, interfered with, or used against them in workplace decisions. We investigate how employers handled leave requests, recorded protected absences, managed an employee's return to work, and treated that leave when making later decisions about performance, advancement, discipline, or termination.

California employees may have rights under both the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Understanding which law applies is only the beginning. Employers must also respect the protections those laws provide throughout the leave process.

If you believe your employer violated your FMLA or CFRA rights, call Greenberg Gross LLP at (949) 383-2800 for a free, confidential consultation.

Why Employees Choose Greenberg Gross for FMLA and CFRA Claims

Greenberg Gross is a trial firm built to handle high-stakes employment disputes. Our attorneys look beyond whether leave was formally approved to determine how an employer treated the employee before, during, and after protected leave. We examine the records underlying disputed employment decisions and test whether the employer's explanation aligns with the contemporaneous evidence.

Our attorneys have earned recognition from Super Lawyers, Martindale-Hubbell's AV Preeminent rating, the American Board of Trial Advocates (ABOTA), and the Daily Journal, including Top 100, Top Plaintiff, and Top Labor & Employment recognition. We prepare every case as though it will go to trial, giving employers a clear reason to take our clients' claims seriously.

What Is FMLA Leave in California?

The federal Family and Medical Leave Act (FMLA) provides eligible employees with unpaid, job-protected leave for qualifying family and medical reasons. California employees may also receive job-protected leave under the California Family Rights Act (CFRA).

FMLA and CFRA frequently apply simultaneously, but they are not identical. An employee who does not qualify under one law may still have rights under the other.

What Is the Difference Between FMLA and CFRA?

FMLA is a federal law. For private employers, it generally applies when the employer has at least 50 employees. Also, an employee must have worked for the employer for at least 12 months, completed at least 1,250 hours of service during the preceding 12 months, and work at a location where the employer has at least 50 employees within 75 miles.

CFRA applies to more California workplaces because it covers employers with only 5 or more employees. Eligible employees must satisfy the applicable service and hours requirements.

The laws also differ in who qualifies as a family member. Federal FMLA family-care leave generally covers an employee's spouse, child, or parent. CFRA recognizes a broader group, including a spouse, domestic partner, child of any age, parent, parent-in-law, grandparent, grandchild, sibling, and a designated person with a qualifying blood or family-like relationship.

California employees who are unsure whether they meet the requirements can find a more detailed breakdown in our California FMLA Eligibility: What Workers Need to Know guide.

What Reasons Qualify for FMLA or CFRA Leave?

Protected leave depends on the law involved and the reason for the absence. FMLA and CFRA protect employees' rights to leave for their own serious health condition and for certain family care and bonding needs.

Protected reasons include:

• An employee's own qualifying serious health condition
• Caring for a qualifying family member with a serious health condition
• Bonding after the birth, adoption, or foster placement of a child
• Certain military-related family needs

Leave does not always have to be taken in one continuous block. For example, employees can use intermittent or reduced-schedule leave for qualifying serious health conditions when the legal requirements are met.

Pregnancy presents additional issues because California Pregnancy Disability Leave, CFRA bonding leave, federal FMLA, and other protections interact differently.

What Rights Do You Have While Taking Protected Leave?

FMLA and CFRA protect more than an employee's right to take qualifying time away from work. Employers cannot interfere with protected leave or use it as a negative factor in employment decisions.

Eligible employees also have reinstatement protections and are generally entitled to return to the same or an equivalent or comparable position, subject to limited exceptions. Federal FMLA also requires covered employers to maintain group health benefits during protected leave under the same conditions that would have applied had the employee continued working.

Can Your Employer Deny FMLA or CFRA Leave?

Employers can deny a leave request when the employee, the employer, or the reason for the leave does not satisfy applicable law. They cannot deny qualifying protected leave simply because the absence is inconvenient or creates scheduling problems.

Employers have responsibilities concerning notices and the administration of leave. Depending on the type of leave, employees also have obligations regarding notice and medical certification.

Employees do not have to use the words “FMLA” or “CFRA” when requesting leave. The key question is whether the employee provided enough information to put the employer on notice that the absence might qualify as a protected leave.

Our attorneys examine communications among the employee, supervisors, Human Resources, and outside leave administrators to determine what the employer knew and how it responded.

Did Your Employer Approve Your Leave but Penalize You for Taking It?

Approval is not the end of the FMLA or CFRA analysis. An employer can formally designate an absence as protected and still violate an employee's rights if that leave later becomes a negative factor in an employment decision.

Federal guidance specifically prohibits employers from counting FMLA leave as a negative factor in decisions such as promotions and discipline, or from using it against an employee under a points-based attendance system.

Our attorneys investigate whether protected leave later impacted:

• Attendance points or absence totals
• Productivity or quota calculations
• Performance evaluations
• Bonus or promotion decisions
• Assignment decisions
• Discipline or performance improvement plans
• Reduction-in-force criteria
• Termination documentation

Consider an employee whose FMLA absences were properly approved but whose later performance review criticizes “unreliable attendance.” Or an employee who loses a bonus because a productivity calculation includes weeks when they were on protected leave. These scenarios may violate federal or state leave laws.

The records behind the later employment decision can show whether the employer actually treated that time as protected. We compare those records rather than looking at the leave approval in isolation.

Can You Be Fired While on FMLA or CFRA Leave?

Protected leave does not give an employee immunity from legitimate employment actions unrelated to the leave. An employer cannot, however, terminate an employee for requesting or using protected leave.

When an employer claims a termination was unrelated, we examine when the decision began, who participated, what reasons were recorded, the employee's performance history, and whether protected absences played a role in the decision-making process. Contemporaneous evaluations, emails, disciplinary records, and other documents can reveal whether the employer's explanation matches what was happening at the time.

For example, an employer may claim that a termination resulted from performance problems that predated the requested leave. Contemporaneous evaluations, emails, disciplinary records, and decision-making documents can help determine whether that explanation matches what was actually happening at the time.

What Is FMLA or CFRA Retaliation?

Employers cannot retaliate against employees for exercising protected leave rights. Retaliation includes actionable adverse treatment because an employee requested or used protected leave or engaged in other protected activity.

Our attorneys compare evaluations, responsibilities, attendance treatment, supervisor communications, and employment decisions before and after the protected activity. Changes in treatment can help establish whether leave influenced what happened next.

What Happens When FMLA or CFRA Leave Runs Out?

The expiration of FMLA or CFRA leave does not automatically end every workplace protection. An employee who cannot return when protected leave expires may have rights under other California or federal employment laws.

For example, a qualifying disability can trigger an employer's reasonable-accommodation obligations under California's Fair Employment and Housing Act (FEHA). Additional leave can be a reasonable accommodation when the legal requirements are met.

This requires a separate analysis from FMLA or CFRA eligibility. An employer should not assume that reaching the end of a statutory leave entitlement automatically permits termination.

Our California employment lawyers evaluate overlapping leave, accommodation, discrimination, retaliation, and wrongful termination protections when an employee's circumstances involve more than one employment law.

What Evidence Helps Establish an FMLA or CFRA Violation?

Protected-leave disputes often depend on records created at different stages of the leave process. Important evidence includes:

• Leave requests and medical certifications
• Eligibility and designation notices
• HR and supervisor communications
• Leave-management records
• Attendance data and schedules
• Performance reviews
• Productivity calculations
• Disciplinary documents
• Return-to-work records

Our attorneys also examine when supervisors learned about the leave, when alleged performance concerns arose, and when discipline or termination was first discussed. Through discovery, our lawyers can seek relevant records and testimony within the employer's control.

How Can Our California FMLA Lawyers Help?

At Greenberg Gross, our California FMLA lawyers determine which federal and state protections apply and investigate whether the employer honored them throughout the leave process. We reconstruct the chronology, compare leave-management records with internal attendance and employment records, and test the employer's stated reasons for disputed decisions.

Our attorneys also handle administrative proceedings, pursue negotiated resolutions, and engage in litigation when necessary. Through formal discovery, we can obtain employer-controlled evidence and develop the case for resolution or trial. By preparing every case for trial, we can gain a strategic advantage in negotiations and, if necessary, we’ll be ready to proceed to litigation without delaying your claim.

How Long Do You Have to Bring an FMLA or CFRA Claim in California?

Different filing requirements apply depending on the legal claim.

A federal FMLA lawsuit generally must be filed within two years of the last event that constitutes the alleged violation. For a willful FMLA violation, the limitations period is generally three years. Employees do not have to file a complaint with the U.S. Department of Labor before bringing a private FMLA action.

For California employment claims pursued through the Civil Rights Department (CRD), an administrative complaint must generally be filed within three years of the alleged unlawful act. Employees pursuing a civil action under applicable California employment protections must also satisfy the required administrative procedures.

Other claims arising from the same employment events can have different filing periods and procedural requirements. An internal HR complaint does not usually stop an external filing deadline, so employees should not wait for an internal process to conclude before determining which deadlines apply.

What Remedies Are Available for FMLA or CFRA Violations?

The remedies available depend on the law violated and the harm caused.

Federal FMLA remedies include lost wages, salary, employment benefits, or other compensation resulting from the violation, along with appropriate equitable relief, such as reinstatement or promotion. Liquidated damages, attorneys' fees, and costs are also available when the statutory requirements are met.

California claims provide remedies according to the cause of action involved. When leave violations overlap with retaliation, disability discrimination, or other unlawful employment practices, additional forms of relief may apply.

Our attorneys identify the legal claims supported by the evidence and pursue the remedies available under those laws. We can explain all possible remedies available in your case during a free consultation.

Frequently Asked Questions About FMLA and CFRA in California

Talk to the California FMLA Lawyers at Greenberg Gross to Learn More About Your Rights

Personal leave should be treated as protected throughout the employment process, not merely approved on paper. When an employer later uses protected absences against an employee, denies reinstatement, interferes with qualifying leave, or retaliates for exercising leave rights, the records behind those decisions can reveal what occurred.

The California FMLA lawyers at Greenberg Gross LLP investigate how employers administer FMLA and CFRA leave, preserve evidence, challenge unlawful employment decisions, and pursue appropriate relief through negotiation or litigation.

Call Greenberg Gross LLP at (949) 383-2800 or contact us online for a free, confidential consultation. Our team is available 24/7.