FMLA & CFRA Attorney in California

Life doesn’t always go as planned. A sudden illness, an injury, or a new baby can turn everything upside down. In those moments, the last thing you should have to worry about is whether taking time off to care for yourself or your family will cost you your job.

Thankfully, both California and federal laws give workers the right to take time off for family or medical reasons without losing their employment. These laws are meant to protect your job and give you the breathing room you need during some of life’s most important and difficult moments. 

In fact, California has some of the most robust employee protections in the country. But, unfortunately, not every employer plays by the rules. Some try to deny employees the leave they’re legally entitled to. Others may retaliate when workers take protected time off.

At Harlan Hillier DiGiacco, our San Diego-based employment law firm helps California workers whose rights under laws like the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) have been violated. 

Whether you were denied leave, fired for using it, or discriminated against when you returned, a FMLA attorney in California can help you protect your job and your future.

You and workers across California deserve better; call Harlan Hillier DiGiacco at (619) 330-5120 or fill out our quick online form today to schedule a no-cost case review.

“I called numerous law firms, but no one seemed as understanding and empathetic as Jordon Harlan. From the moment I spoke to him, he advised me and guided me in the best way possible through my case. […] He goes above and beyond for his clients, and that is something that is hard to find.”

– Philip F. | Client

Federal Rights Under the Family and Medical Leave Act (FMLA)

Imagine taking time off to care for your family’s health, only to find out while you’re gone that you’ve been demoted or fired from your job.

The Family and Medical Leave Act (FMLA) helps employees handle family and medical issues without having to sacrifice their jobs. The law applies to all 50 states and grants employees who meet its requirements up to 12 weeks of protected, unpaid time off for most covered family and medical reasons.

When you take FMLA leave, you have the right to return to the same job or an equivalent position, subject to the law’s job restoration requirements. Although it doesn’t have to be the exact same job you had before, your position when you return must be equivalent to the one you previously held in pay, benefits, and job duties.

To be covered under the FMLA, you must be classified as a qualifying employee who works for a qualifying employer. Your employer cannot avoid its obligations under the law by incorrectly classifying your employment status.

FMLA in California

Even though it’s a nationwide law, FMLA works a little differently when you live or work in California, mostly because California has its own additional laws that often go further than the FMLA. But even with stronger laws in place, many workers here still struggle to get their legally protected time off.

If you’re in California and you’re unsure whether your employer has to follow the FMLA, the key is to focus on whether they meet the size and distance requirements, and whether you meet the work history and hours thresholds. If you do, your leave is protected by law, no matter what your employer tells you.

Who Is Covered Under the FMLA?

The FMLA applies to your employer if you work for:

• Any public or private elementary or secondary school,
• Any local, state, or federal government agency, or
• A private employer that employed at least 50 employees for at least 20 workweeks in the current or preceding calendar year.

To be covered by the FMLA, you must:

• Work for an employer who qualifies under the FMLA,
• Have worked for the same employer for at least 12 months, which do not have to be consecutive in many circumstances,
• Have completed at least 1,250 hours of work during the 12 months immediately before your leave begins, and
• Work within 75 miles of a worksite with 50 employees or more.

For leave involving a serious health condition, your employer can request medical certification to verify your need for time off. However, the employer must follow the FMLA’s certification requirements.

We’ve Taken on FMLA and CFRA Violations Before and Won

At Harlan Hillier DiGiacco, we’ve stood up for employees whose rights under the FMLA and CFRA were ignored, and we’ve won. When 69-year-old occupational therapist Marilyn Buron was wrongfully terminated while on family leave to care for her seriously ill son, our firm took her case to trial and secured a $9.3 million verdict. 

Her story is a powerful example of what can happen when employers treat workers as numbers on payroll instead of respecting their legal rights and their humanity.

Watch the video to see how we helped Marilyn get justice.

How Much Leave Time Can You Take Under the FMLA?

The FMLA allows a total of up to 12 weeks of unpaid leave within a 12-month period for covered family and medical reasons. You can also use FMLA leave to care for others in your immediate family. Parents-in-law are not covered under the federal law.

Reasons for taking FMLA leave include:

• Childbirth and other pregnancy-related conditions
• Caring for a newborn under the age of 1
• Caring for a foster or adopted child within a year of placement
• Attending to a spouse, child, or parent with a serious medical condition
• Caring for your own health when you have a serious medical condition that makes it impossible for you to work
• Certain needs arising from a spouse’s, child’s, or parent’s covered military deployment

You can take a total of 26 workweeks of unpaid leave during a single 12-month period when caring for an injured or sick covered service member who is your spouse, child, parent, or next of kin and meets the military caregiver leave requirements.

What Is Considered a Serious Medical Condition Under the FMLA?

The FMLA considers a serious medical condition to be an injury, illness, disability, or physical or mental impairment that involves inpatient care or continuing treatment by a healthcare provider.

Examples include:

• Pregnancy and prenatal care
• An overnight stay in a hospital, hospice, or residential medical care facility
• Chronic health conditions requiring periodic care, such as diabetes, asthma, or epilepsy
• Long-term conditions requiring medical supervision, such as Alzheimer’s disease or the effects of a stroke
• A period of incapacity lasting more than three consecutive full calendar days, accompanied by the medical treatment required under the FMLA
• Conditions requiring multiple treatments that would otherwise result in an extended period of incapacity

The above list includes medical care as a result of organ donation or domestic violence, both of which may include extended hospital stays.

A serious health condition does not have to meet every description on this list. Chronic illnesses, pregnancy-related incapacity, and certain long-term conditions have separate requirements under the FMLA.

If your employer denies leave because your condition does not meet its definition of a serious illness, a FMLA attorney in California can review whether the denial violated your rights.

What Is Intermittent FMLA?

What if your family member’s condition allows you to continue working, just not full-time?

You don’t have to take all your FMLA leave at once. Instead, you can:

• Take leave in separate blocks of time, even if the underlying reason is the same, or
• Take leave through a reduced work schedule, either daily or weekly.

Intermittent leave allows you to continue earning a paycheck while caring for your family. With this flexible approach, you can lessen your workload without leaving your job completely.

For planned medical treatment, employees must make a reasonable effort to schedule appointments without unnecessarily disrupting their employer’s operations, subject to their healthcare provider’s approval. In certain circumstances, an employer can temporarily transfer an employee to another position that better accommodates recurring leave.

Taking time off to care for yourself or your family shouldn’t put your job at risk. If your employer denied your leave, threatened your position, or retaliated against you for taking time off, Harlan Hillier DiGiacco can help.

Call (619) 330-5120 or fill out our online form to discuss your rights with our California employment law team.

California Family Rights Act

California employees can be covered by both the FMLA and the California Family Rights Act (CFRA). However, the CFRA has different eligibility requirements and protects a wider range of family relationships.

The CFRA applies to private employers with five or more employees and public employers. Unlike the FMLA, it does not require employees to work within 75 miles of a worksite with 50 employees. 

Employees must have worked for their employer for at least 12 months and completed 1,250 hours of work during the preceding 12 months to meet the standard CFRA service requirements.

Under the CFRA, employees who meet these requirements can take up to 12 weeks of job-protected leave to care for their own serious health condition, bond with a new child, or care for a covered family member, including:

• A spouse or registered domestic partner
• A child of any age
• A parent or parent-in-law
• A sibling
• A grandparent or grandchild
• A designated person related by blood or whose relationship is equivalent to a family relationship

While pregnancy is a “serious medical condition” under the FMLA, the CFRA doesn’t cover pregnancy disability. Instead, you can take up to 4 months of leave with California’s Pregnancy Disability Leave law when medically necessary, followed by CFRA child-bonding leave if you meet the requirements.

The CFRA also protects employees who need leave for certain military-related circumstances involving a spouse, domestic partner, child, or parent on covered active duty or called to covered active duty.

These protections extend to family members who are not covered under the federal FMLA, including siblings, grandparents, adult children, and designated persons.

Additional California Employment Leave Laws You Should Know About

In addition to the CFRA, California has a number of other statutes and laws that allow for varying levels of employee leave, including:

• California Pregnancy Disability Leave (PDL)
• California State Disability Insurance (SDI)
• California Paid Family Leave (PFL)
• California bereavement and reproductive loss leave protections

The California Labor Code also offers leave for:

• Organ or bone marrow donors
• Victims of domestic violence, sexual assault, stalking, or other covered acts of violence
• Certain family and medical emergencies covered by applicable state leave laws

The options can be overwhelming, so it’s best to speak with a California medical leave lawyer who can help you better understand the particulars of state and federal leave.

Most of the leave available to employees is unpaid, which can cause additional economic stress for those who need to take time off. Fortunately, California has programs that offer partial wage replacement to employees who meet their requirements.

CFRA vs. FMLA: How California Leave Laws Compare

In California, many workers are protected by both the FMLA and CFRA. While the two laws seem similar and often overlap, there are important differences that can affect how much leave you get, who you can care for, and whether you’re covered.

California employees also have protections under Pregnancy Disability Leave (PDL) and access to wage replacement through Paid Family Leave (PFL). Here’s how the four programs compare.

FMLA generally covers private employers with 50 or more employees, while CFRA and PDL apply to employers with five or more employees. PFL is a state wage replacement program with separate requirements.

FMLA allows leave to care for a spouse, parent, or covered child. CFRA protects a broader group of family relationships, including domestic partners, siblings, grandparents, grandchildren, parents-in-law, and designated persons.

Can You Take FMLA and CFRA Leave at the Same Time?

When employees are covered by both FMLA and CFRA for the same reason, the leave typically runs concurrently. Taking six weeks off to recover from surgery, for example, usually uses six weeks under both laws.

Pregnancy disability is treated differently. FMLA leave can run concurrently with Pregnancy Disability Leave, while employees covered under CFRA can take child-bonding leave after pregnancy disability leave ends.

PFL benefits can provide partial wage replacement during protected leave, but receiving those payments does not extend the amount of job-protected time available.

Common Leave Scenarios for California Employees

Employees throughout California take family and medical leave for many reasons, from caring for aging parents to managing chronic illnesses. Understanding your rights can help when your employer questions your request or threatens your job.

Caring for a Parent After Surgery or a Serious Illness

If your mother suffers a stroke or your father needs surgery, you can have up to 12 weeks of protected leave under FMLA or CFRA. This includes time needed to provide care during recovery or attend medical appointments covered by the law.

California Paid Family Leave benefits can also replace part of your lost wages while providing care.

Taking Time Off During Pregnancy and After Childbirth

California Pregnancy Disability Leave protects employees who cannot work because of pregnancy, childbirth, or related medical conditions. The law provides up to four months of protected leave per pregnancy when medically necessary.

After pregnancy disability leave ends, employees covered under CFRA can take up to 12 weeks to bond with their baby.

Managing a Chronic Medical Condition

Employees with chronic conditions such as diabetes, epilepsy, or recurring mental health conditions can take intermittent FMLA or CFRA leave when their condition meets the law’s requirements.

This can mean several hours away from work each week for treatment or periodic days off when symptoms prevent you from working. Your employer cannot lawfully punish you for using protected leave.

When Your Employer Refuses Your Leave Request

Your employer might claim you’re too important to take time off, insist you find someone to cover your shifts, or threaten disciplinary action if you miss work.

When your leave is protected by law, these demands can amount to unlawful interference or retaliation. A California CFRA attorney can investigate the circumstances and help you understand your options.

California Paid Family Leave (PFL) Benefits

California’s Paid Family Leave (PFL) program provides partial wage replacement to employees taking time off to care for a seriously ill family member, bond with a new child, or participate in a covered military event. The program does not provide independent job protection.

Covered family members include children, spouses, domestic partners, parents, parents-in-law, grandparents, grandchildren, siblings, and designated persons.

If you qualify for PFL relief, depending on your income, the benefits you receive can replace approximately 70% to 90% of your wages, subject to state benefit limits, for up to 8 weeks within a 12-month period. Since most government-protected leave is unpaid, this additional income could make a big difference for your family while you take time off work to care for them.

To receive PFL benefits, you must:

• Have earned wages subject to California State Disability Insurance contributions during your base period,
• Be unable to perform your regular work because you’re caring for a covered family member, bonding with a new child, or participating in a covered military event, and
• Have lost wages because of your leave.

You must submit your PFL application within the state’s filing window, ordinarily within 41 days after your leave begins. Medical certification is required for family care claims, while bonding and military assistance claims have different documentation requirements.

The laws around paid and unpaid family and medical leave can be confusing, especially when it comes to how these laws interact with each other. Your best option for protecting your legal rights as an employee is to talk to a California FMLA lawyer about your unique situation.

Protect Your Rights to Family and Medical Leave With a California FMLA Attorney

Employment issues can be complex, with your career and livelihood at stake. Usually, they’re the last thing you want to think about when your family is ill or injured. You have the legal right to care for your family without worrying about derailing your career.

Federal and California state laws allow employees who meet their requirements to take protected leave, which means they have job restoration rights under the applicable law. You might even be eligible for additional benefits under the law, like leave payments for the paychecks that you miss.

If your employer is challenging your right to protected leave or punishing you for taking time off to care for your family, you can bring legal action against them for misconduct.

Our attorneys will help you identify potential violations, including:

• Denying or refusing to authorize your request for FMLA or CFRA leave, even when you meet all the legal requirements.
• Firing, demoting, or disciplining you because you took protected family or medical leave.
• Cutting your hours or pay after you return from leave.
• Reinstating you to a different position that is not equivalent in pay, benefits, or job duties.
• Terminating you while you are on approved leave, without legitimate business justification.
• Failing to maintain your group health insurance benefits while you are on leave.
• Retaliating against you for requesting or inquiring about your rights under FMLA or CFRA.
• Requiring you to perform work while on protected leave in violation of your leave rights.

A Martindale-Nolo study found that those with lawyers received over four times more in compensation, even after fees. When your job and future are on the line, don’t go it alone.

How Much Does It Cost to Work With a California Leave of Absence Lawyer?

Most employees don’t want to fight their employers and put their jobs at risk. Many people don’t have nearly the same resources and money as the companies they work for, which is why at Harlan Hillier DiGiacco, we take our employment cases on a contingency fee basis.

Contingency fee billing means no up-front costs for you. You don’t pay us until we recover what your employer owes you under the law. You don’t have to worry about how you can afford a California family medical leave lawyer, instead, you can focus on you and your family’s health and well-being.

Why Hire Harlan Hillier DiGiacco

At Harlan Hillier DiGiacco, we understand that behind every case is a real person trying to hold their life together. You are not just another file on a desk. Our firm does not take a one-size-fits-all approach, and we do not treat clients like numbers. 

We listen to your story, the details that others may overlook, and the emotional weight you are carrying. Then we tailor a legal strategy built around your needs, your goals, and your future.

At Harlan Hillier DiGiacco, we fight for employees. Call our California employment law firm now at (619) 330-5120 or fill out our online form for a free consultation of your case.

Proudly Representing California Residents

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