Your health and your family come first. That should not be a controversial belief, and fortunately, the law agrees. But when your employer denies your leave, retaliates against you for taking time off, or pushes you out during a medical crisis, it feels like the system is working against you.
At Greenberg Gross LLP, our Los Angeles FMLA lawyers help employees who have been punished for putting their well-being first.
Our attorneys handle FMLA interference and retaliation claims throughout LA County. We fight for fair compensation in Los Angeles Superior Court, the Central District of California, and before the California Civil Rights Department from our office on South Figueroa Street in the Financial District.
You can reach us by calling (855) 255-5515 or (213) 334-7000 for a confidential consultation with an FMLA attorney at Greenberg Gross LLP.
Why Do I Need a Los Angeles FMLA Lawyer?
You need a Los Angeles FMLA lawyer to evaluate whether your employer's actions, such as denying valid leave or firing you, constitute interference or retaliation under the federal FMLA or the broader California Family Rights Act (CFRA).
Your attorney determines which of these two overlapping laws provides the strongest claim and fights to recover significant compensation, including lost wages and damages for emotional distress.
Two Laws Protect Your Right to Medical and Family Leave
California employees often have more medical and family leave protection than they realize. Federal laws set a baseline for states, but California's standards are often far higher than the minimal federal standards.
Two overlapping laws may apply to your situation, and your attorney determines which one gives you the stronger claim.
The federal Family and Medical Leave Act (FMLA, 29 U.S.C. § 2601 et seq.) provides up to 12 weeks of unpaid, job-protected leave per year. It applies to employers with 50 or more employees within 75 miles of your worksite.
The California Family Rights Act (CFRA, Gov. Code § 12945.2) provides the same 12 weeks of job-protected leave but covers far more workers. CFRA applies to employers with just five or more employees.
That means millions of California workers have leave protections even if their company is too small for federal FMLA coverage.
Your Employer Cannot Punish You for Taking Protected Leave
Both the FMLA and CFRA make it illegal for your employer to fire you, demote you, cut your hours, or retaliate in any way because you took or requested leave. If that happened to you, a Los Angeles FMLA attorney at Greenberg Gross LLP can hold your employer accountable.
Why Los Angeles Employees Trust Greenberg Gross LLP With FMLA Cases
Choosing a lawyer for an FMLA case is a personal decision. You want someone who knows the law inside and out but who also genuinely cares about what you are going through. Here is why employees across Los Angeles turn to Greenberg Gross LLP.
Trial Lawyers Who Left Big Law to Build Something Better
Greenberg Gross LLP's founders left a global law firm to create a practice with major-firm resources and the personal attention that larger firms struggle to provide. The case that inspired the firm's creation ended with a $50 million verdict on a counterclaim.
Genuine Commitment to Every Client
Our attorneys build real relationships with the people they represent. Clients consistently describe our team as responsive, thorough, and personally invested in outcomes. We keep you informed at every stage and make sure you feel confident in the strategy your attorney is pursuing.
Deep Roots in Los Angeles and Orange County
Our LA office on South Figueroa Street sits in the Financial District, minutes from the Los Angeles Superior Court and the Central District of California courthouse. Our headquarters in Costa Mesa gives us an equally strong presence across Orange County.
Proven Results in High-Stakes Employment Cases
Our attorneys have recovered millions of dollars for employees in wrongful termination, retaliation, and breach of contract cases. You can review our case results for more details.
Awards and Recognition
- Super Lawyers selections across multiple practice areas
- AV Preeminent rating from Martindale-Hubbell
- Members of the American Board of Trial Advocates (ABOTA)
- Daily Journal Top 100 Lawyers and Top Labor Litigation Firm
- Featured on NBC News, Fox News, ABC News, CBS News, AMC Networks, and Oxygen Network
These recognitions reflect a consistent record of litigation excellence and genuine care for the people we represent.
Ask Greenberg Gross LLP About Your FMLA Case in Los Angeles
Q: Can I sue my employer for denying my medical leave in California?
A: Yes. If your employer denied a valid leave request or punished you for taking protected leave, that may violate the FMLA, CFRA, or both. A Los Angeles FMLA lawyer at Greenberg Gross LLP can review your situation and explain your options during a free, confidential consultation.
Q: How much does an FMLA lawyer in Los Angeles cost?
A: Greenberg Gross LLP handles many FMLA cases on a contingency basis, which means you pay no legal fees unless your case results in a recovery. There are no upfront costs to get started, and our attorneys explain the fee structure during your first conversation.
Q: Is it illegal to fire someone on medical leave in California?
A: Yes. Both the FMLA and CFRA prohibit employers from terminating employees for taking protected medical or family leave. If you were fired during or shortly after your leave, your Los Angeles FMLA attorney at Greenberg Gross LLP can evaluate whether that termination was unlawful.
What Qualifies as a Violation of FMLA or CFRA in Los Angeles?
FMLA and CFRA violations generally fall into two categories. Your attorney at Greenberg Gross LLP evaluates which type applies to your situation and builds the case accordingly.
Interference With Your Right to Leave
Interference happens when your employer prevents you from taking the leave you are entitled to. That can take many forms, and some of them are less obvious than a flat-out denial.
- Denying a valid leave request or pressuring you not to take it
- Requiring you to work while on approved leave
- Failing to restore you to the same or equivalent position when you return
- Refusing to maintain your health insurance benefits during leave
- Discouraging you from requesting leave through threats or negative comments
If any of these situations sound familiar, your Los Angeles FMLA lawyer can evaluate whether your employer crossed the line.
Retaliation for Exercising Your Leave Rights
Retaliation happens when your employer takes action against you because you requested or used protected leave. That includes termination, demotion, schedule changes, or negative performance reviews timed around your leave.
California's rebuttable presumption law (SB 497) strengthens your position here. If your employer took adverse action within 90 days of your protected leave, the law presumes that action was retaliatory. Your employer then has to prove otherwise.
What Reasons Qualify for Protected Leave in Los Angeles?
Both the FMLA and CFRA allow you to take up to 12 weeks of leave per year for specific qualifying reasons. Your attorney at Greenberg Gross LLP determines which law applies and whether your situation is covered.
Qualifying Reasons for FMLA and CFRA Leave
- Your own serious health condition that prevents you from doing your job
- Caring for a spouse, child, or parent with a serious health condition
- Bonding with a newborn child within the first year after birth
- Bonding with a child newly placed for adoption or foster care
- Certain reasons related to a family member's active military duty
CFRA goes further than the FMLA by expanding who counts as family. You can also take CFRA leave to care for a grandparent, grandchild, sibling, domestic partner, or a "designated person," which is anyone related by blood or someone with whom you share a close, family-like relationship.
California Also Provides Separate Pregnancy Leave
Pregnancy is handled differently in California. The state's Pregnancy Disability Leave law gives eligible employees up to four months of leave for pregnancy-related conditions. That leave does not count against your 12 weeks of CFRA bonding time, so a new parent in Los Angeles may be entitled to both.
What Compensation Can a Los Angeles FMLA Attorney Recover?
If your employer violated your rights, you may be entitled to significant financial recovery. California does not cap compensatory or punitive damages in most employment cases, which makes the state one of the most favorable places in the country for employees.
- Back pay for lost wages, bonuses, and benefits
- Front pay for future earnings if returning to the job is not realistic
- Compensation for emotional distress, anxiety, and related harm
- Punitive damages when the employer acted with malice or willful disregard
- Attorney's fees and litigation costs
You can also review a selection of our case results to see the outcomes Greenberg Gross LLP has achieved in high-stakes employment cases. Our attorneys document every category of loss and build the evidence to support it.
FAQs Our Los Angeles FMLA Lawyer
Do I qualify for FMLA leave if I work for a small company in Los Angeles?
Federal FMLA only covers employers with 50 or more employees. However, the California Family Rights Act covers employers with just five or more workers. If your company has at least five employees, you likely have job-protected leave rights regardless of FMLA eligibility.
Can I take FMLA leave to care for a grandparent or sibling in California?
Not under the federal FMLA, which limits covered family members to a spouse, child, or parent. However, CFRA expands that list to include grandparents, grandchildren, siblings, domestic partners, and designated persons. Your FMLA attorney at Greenberg Gross LLP determines which law applies.
What if my employer said I could take leave but then fired me when I came back?
That may be interference, retaliation, or both. Your employer is required to restore you to the same or an equivalent position after protected leave. If that did not happen, your attorney evaluates whether your employer violated the FMLA, CFRA, or both.
Can I get paid while on FMLA leave in California?
FMLA and CFRA provide job protection, not pay. However, California's Paid Family Leave program through the Employment Development Department (EDD) provides up to eight weeks of partial wage replacement. Your employer may also require you to use accrued vacation or sick time alongside your protected leave.
Does Greenberg Gross LLP handle FMLA cases outside of Los Angeles?
Yes. Our team handles FMLA and CFRA cases throughout Southern California, including Orange County, where our headquarters is in Costa Mesa.
Can my employer make me use my vacation days instead of FMLA leave?
Your employer can require you to substitute accrued paid leave, such as vacation or sick time, during your FMLA or CFRA leave. The leave is still job-protected even when paid time off is used. Your FMLA attorney at Greenberg Gross LLP can explain how this affects your specific situation.
What should I do if my boss is pressuring me not to take medical leave?
Discouraging or pressuring an employee not to take protected leave can qualify as FMLA interference. You do not have to tolerate that kind of pressure. A Los Angeles FMLA lawyer at Greenberg Gross LLP can evaluate whether your employer's conduct crossed a legal line.
How do I prove my employer retaliated against me for taking FMLA leave in Los Angeles?
Your attorney builds the case by connecting the timing, circumstances, and pattern of your employer's actions to your protected leave. Evidence like emails, performance reviews, internal communications, and witness accounts all play a role. The stronger the connection, the stronger the claim.
Speak With a Los Angeles FMLA Lawyer at Greenberg Gross LLP Today
You took leave because your health or your family needed you, and your employer made you pay for it. That is not something you should have to accept.
The FMLA attorneys at Greenberg Gross LLP have the trial experience, the preparation, and the genuine concern for your well-being to hold your employer accountable.
Call (855) 255-5515 or (213) 334-7000 for a confidential consultation with an FMLA attorney who will listen, answer your questions, and help you figure out the right next step.