Laurel Employment Law, APC serving clients throughout California from our offices in Beverly Hills, Pasadena, San Diego, Santa Monica & Van Nuys.
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Laurel Employment Law, APC Family & Medical Leave Act (FMLA)

Family & Medical Leave Act Attorneys in Los Angeles

Former Employer Counsel, Now Fighting for Los Angeles Workers

Laurel Employment Law, APC is an employment law firm based in Los Angeles, representing workers throughout the Los Angeles area and the San Fernando Valley. We help employees navigate the Family and Medical Leave Act (FMLA) process, including intermittent leave, leave to care for a family member, and wrongful termination resulting from FMLA use. We also represent employees facing retaliation and interference claims when employers violate their leave rights. Our founding attorney spent over a decade as in-house general counsel for a large employer, giving our firm direct knowledge of how employers build their defense against leave claims before litigation ever begins.

Need to speak with an FMLA lawyer in Los Angeles? Call our office at (310) 929-6371 or contact us online to schedule an initial consultation.

Understanding California FMLA & the CFRA

Federal FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per 12-month period for qualifying reasons. To qualify under federal law, you must work for an employer with at least 50 employees within a 75-mile radius of your worksite, and you must have worked for that employer for at least 12 months and at least 1,250 hours in the prior 12 months.

The California Family Rights Act (CFRA) is the state-law counterpart to federal FMLA and, for many Los Angeles workers, it provides broader protection. As of January 2021, CFRA applies to employers with as few as 5 employees, meaning workers at smaller companies who don’t qualify for federal FMLA coverage may still have job-protected leave rights under California law. When both laws apply to the same leave, they generally run concurrently, so the employee’s 12-week entitlement isn’t doubled. When only CFRA covers the reason for leave, such as caring for a sibling, the employee’s federal FMLA entitlement isn’t reduced. Both laws require employers to continue group health coverage during the leave period.

Qualifying Reasons for Taking California FMLA Leave

California FMLA and the CFRA allow you to take leave for several qualifying reasons.

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In their Own Words

Five-Star Client Reviews

Read about how our approach to employment law makes a difference in the lives of California workers. To learn more or get started with a consultation, call us at (310) 929-6371 today.

  • "Run Exceptionally Well"
    I loved the quality and proactivity of communication. They let me know what was going in my case and what would be happening next. I wish all businesses were run this well.
    - Lori M.
  • "Outstanding Job"
    Fastest I have ever seen other than when I was pro per. Did an outstanding job.
    - Bennie H.
  • "Clear and Transparent"
    I’m truly grateful for their support and highly recommend them.
    - Maryl Ann C.
  • "Excellent"
    I would highly recommend working with Laurel Employment!
    - Chance K.
  • "Outstanding Representation!"
    They vigorously defended my rights and secured an exceptional outcome, exceeding my expectations.
    - Albert L.
  • "Incredible Attorney"
    Joshua White is a rising star in the legal profession. One of the sharpest minds in the field today.
    - Chris A.

Can My Employer Deny My FMLA Leave?

Your employer may deny FMLA leave if you haven’t worked for the employer for at least 12 months and at least 1,250 hours in the prior 12 months, if you’ve already exhausted your 12-week entitlement for the period, or if your request doesn’t involve a qualifying reason or qualifying family member. When leave is denied, your employer must provide written notice explaining why. Even so, you may still be entitled to job-protected leave under the CFRA, which covers more employers and a broader range of family members than federal law.

Can My Employer Fire Me for Taking FMLA Leave in California?

Your employer can’t terminate you for taking or requesting FMLA leave, whether during the leave or after you return. Upon returning, you may be entitled to reinstatement to the same position or an equivalent one with the same pay, benefits, schedule, and worksite.

FMLA violations go beyond outright termination. Employers also violate the law by interfering with your right to take leave, discouraging leave through threats or misrepresentation, demoting you, cutting your pay, reassigning you to a less desirable position after your return, or counting protected leave against attendance or performance metrics.

If you’re taking leave to care for a covered service member, you may be eligible for up to 26 weeks of job-protected leave in a 12-month period under federal FMLA. And if you’ve exhausted your FMLA and CFRA leave and have a disability, you may be entitled to additional job-protected leave as a reasonable accommodation under California’s Fair Employment and Housing Act (FEHA) or the federal ADA.

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