FMLA & CFRA Leave

Labor Law PC is an employee-side FMLA lawyer serving California workers from our Santa Monica office. We handle leave interference and retaliation cases under both the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), which protects far more workers than most people realize. If you were denied leave, harassed for using it, or fired during or after it, we can help, with a free consultation and no fees until we win.

This page covers who qualifies for FMLA and CFRA leave, how the two laws differ, your reinstatement rights, and what to do if your employer crossed the line. For accommodations beyond leave, see reasonable accommodations, and for the full landscape of protections, our disability and leave rights page.

FMLA vs. CFRA: Why California's Law Protects More Workers

Both laws provide up to 12 weeks of unpaid, job-protected leave in a 12-month period. The differences matter, and CFRA is broader on almost every point:

• Employer size. FMLA applies only to employers with 50 or more employees (within 75 miles of your worksite). CFRA applies to California employers with just 5 or more employees. If you work for a small business in Los Angeles, CFRA is likely your protection.
• Employee eligibility. Both laws require that you have worked for your employer for at least 12 months and put in at least 1,250 hours in the previous 12 months.
• Covered family members. FMLA covers leave to care for a spouse, child, or parent. CFRA goes much further: it also covers grandparents, grandchildren, siblings, parents-in-law, registered domestic partners, adult children, and even one "designated person" of your choosing.
• Qualifying reasons. Both cover your own serious health condition, caring for a covered family member with a serious health condition, and bonding with a new child by birth, adoption, or foster placement. Bonding leave under CFRA is available to parents of any gender and must generally be used within a year of the child's arrival.
• Pregnancy. Pregnancy disability itself is handled in California by Pregnancy Disability Leave (PDL), which runs up to 4 months and is separate from CFRA. That means many new mothers can take PDL and then 12 more weeks of CFRA bonding leave. Details on our pregnancy disability leave page.

Leave under both laws is unpaid, but you may receive partial wage replacement through California State Disability Insurance (SDI) or Paid Family Leave, and you can often use accrued sick time, vacation, or PTO. Your employer must continue your group health coverage on the same terms during protected leave.

Your reinstatement rights

Job protection is the heart of these laws. At the end of CFRA or FMLA leave, your employer must return you to the same position or a comparable one: virtually identical pay, benefits, shift, location, and duties. A "comparable" job is not a demotion with the same title, a pay cut, a worse schedule, or a transfer designed to make you quit. Refusing reinstatement, or eliminating your position because you took leave, is unlawful.

Deadlines

CFRA claims generally require a complaint to the California Civil Rights Department (CRD) within 3 years, followed by a lawsuit within 1 year of a right-to-sue notice. FMLA claims generally must be filed within 2 years, or 3 years for willful violations. These deadlines vary by claim and situation, so get legal advice as early as possible.

Signs of FMLA or CFRA Interference and Retaliation

Employers violate leave laws in two main ways: interference (blocking or discouraging your leave) and retaliation (punishing you for taking it). Watch for:

• Being told you are "not eligible" without any real explanation, or that the company is "too small" when it has 5 or more employees
• Pressure to delay leave, work during leave, or come back early
• Demands for excessive medical documentation, or repeated recertification designed to wear you down
• Write-ups or negative reviews that suddenly appear after you request leave
• Attendance points or discipline assessed for absences the law protects
• Your duties permanently handed to someone else while you are out
• Termination, demotion, pay cuts, or "layoffs" during leave or shortly after you return
• Being told your position was eliminated, while someone new is doing your old job

Fired While on Medical Leave? Here Is What to Do

1. Do not panic, and do not sign anything. Severance agreements often ask you to release your leave claims. Have a lawyer review before you sign.
2. Preserve your records. Save your leave request, approvals, medical certifications, emails and texts with HR and supervisors, and any termination paperwork.
3. Write down the timeline. Dates of your request, your leave, key conversations, and the adverse action. Timing is powerful evidence in retaliation cases.
4. Note who took over your work. If your "eliminated" position still exists in substance, that undermines the employer's story.
5. Get a free case review. We evaluate interference, retaliation, disability discrimination, and wrongful termination claims together; leave cases often involve several at once.

If your rights were violated, you may be entitled to lost wages and benefits, emotional distress damages, reinstatement, penalties, and attorney's fees. No outcome can be promised, but California juries and courts take leave retaliation seriously.

Frequently Asked Questions

• Can I be fired while on FMLA or CFRA leave in California?

  Not because you took leave. Protected leave is job-protected, and termination for using it is unlawful. An employer may still carry out decisions genuinely unrelated to your leave, such as a documented company-wide layoff, but terminations during leave deserve a hard look by a lawyer.

• My employer has only 10 employees. Do I have leave rights?

  Yes. CFRA covers California employers with 5 or more employees, even though the federal FMLA requires 50. Many small employers, and some big ones, get this wrong.

• Is FMLA or CFRA leave paid?

  The leave itself is unpaid, but you may qualify for SDI benefits during your own disability or Paid Family Leave benefits while caring for family or bonding with a child, and you can usually use accrued PTO or sick leave. Your health insurance must continue during protected leave.

• Do I have to take all 12 weeks at once?

  No. When medically necessary, leave can be taken intermittently or on a reduced schedule, such as one day a week for treatment. Bonding leave can also be split within the first year, subject to some limits.

• What if I was denied leave because I "didn't ask correctly"?

  You do not have to cite the FMLA or CFRA by name. Telling your employer enough to indicate a qualifying need, such as a serious health condition or a new baby, triggers its obligations. An employer that fails to notify you of your rights cannot hide behind your paperwork.

Related Practice Areas

• Disability & Leave Rights - the complete guide to California medical leave and disability law
• Reasonable Accommodations - extended leave and modified duties as accommodations
• Pregnancy Disability Leave - up to 4 months of PDL on top of CFRA bonding leave

Talk to a California FMLA & CFRA Lawyer for Free

If you were denied leave, punished for taking it, or fired while you were out, deadlines are already running. Call (877) 775-2267 or contact us online for a free, confidential consultation. Labor Law PC represents employees only, and there are no fees until we win.