If your employer denied your medical or family leave, or punished you for taking it, an FMLA lawyer can explain your rights and help you act. Taking time for your health or your family shouldn't cost you your job. Kingsley Szamet Employment Lawyers represents employees in leave cases, and your first consultation is free. This page is part of our guide to employment lawyer practice areas.
The federal law is the Family and Medical Leave Act, and this page explains how it works, what counts as a violation, and what you can do if your employer broke the rules. California adds its own protections, which we cover further down.
How the FMLA protects your job
The FMLA gives eligible workers up to 12 weeks of unpaid leave in a 12-month period. Your job is protected while you're out, and your employer must also keep your group health coverage going on the same terms as before.
You qualify when three things are true:
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You've worked for your employer for at least 12 months.
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You worked at least 1,250 hours in the past year.
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Your employer has 50 or more employees within 75 miles of your worksite.
Public agencies and schools are covered no matter how small they are. Part-time workers can qualify if they meet the hours rule.
Reasons you can take FMLA leave
The law covers several kinds of leave. You can take time off for:
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Your own serious health condition, such as surgery, cancer treatment, a chronic illness, or a mental health condition that needs ongoing care.
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The care of a spouse, child, or parent with a serious health condition.
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The birth of a child, or an adoption or foster placement, so you can bond with the child.
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Certain needs that come up when a family member is called to military duty.
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Up to 26 weeks to care for a service member with a serious injury or illness.
A serious health condition is an illness, injury, or condition that needs inpatient care or ongoing treatment from a health care provider. You can take leave all at once or in smaller pieces, such as one day a week for treatment.
When your employer breaks the law
Federal law recognizes two kinds of claims. Interference means your employer stopped you from using leave you earned. Retaliation means your employer punished you for using it. Common violations include:
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Denying leave you qualify for, or making it hard to ask for.
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Cutting off your health insurance while you're out.
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Making you work during leave or pressuring you to come back early.
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Counting protected leave against you under a no-fault attendance policy.
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Giving you a poor review, fewer hours, or no promotion because you took leave.
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Failing to put you back in your old job or an equal one when you return.
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Firing you during leave or soon after it ends.
Some of these violations happen in plain sight, while others hide behind a different reason, so we look at the whole picture, including your leave request, your medical paperwork, and the dates of any discipline.
Fired or punished after taking leave
Many of our calls come from workers who were fired soon after they returned from leave, or soon after they complained about how their leave was handled. Here's a common example. An employee takes medical leave, comes back, and emails HR to say management is trying to push them out. A week later, the employee is fired for "violations of company policy." The employee never got a warning, a write-up, or any feedback.
That pattern matters, because courts look closely at timing. A firing right after leave or right after a complaint can point to a retaliatory motive, especially when the stated reason is vague and has no paper trail. A reason that doesn't hold up under scrutiny is called a pretext.
If this happened to you, take these steps:
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Write down the dates of your leave request, your return, your complaint, and your firing.
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Save your emails, texts, medical forms, and any review or warning you received.
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Don't sign a termination paper you disagree with. Reply in writing, politely, and say you disagree.
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Don't sign a severance agreement before a lawyer reads it. It may waive your right to sue.
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Ask for your final paycheck. California law says it's due right away when you're fired.
A firing tied to leave can also be a wrongful termination claim or a workplace retaliation claim. Leave often overlaps with a pregnancy or a health condition too. If that's your situation, see our pages on pregnancy discrimination and disability discrimination.
How an FMLA lawyer can help you
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We check whether you qualify under the FMLA, CFRA, or both.
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We review your leave request, any denial, your medical forms, and the timing of any discipline.
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We tell you which claims you have and what they could be worth.
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We file complaints with the right agency or take your case to court.
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We negotiate with the employer's lawyers and push for back pay, damages, and in some cases your job back.
We represent employees only, and we never work for employers, so you know whose side we're on.
What you can recover
Your remedies depend on the law and the violation. Under the FMLA, you can generally recover lost wages and benefits, interest, and often an equal amount as extra damages. A court can also order your job back, or pay for future losses when going back isn't realistic. You can also recover your attorney's fees if you win.
California claims can go further, including money for emotional distress. We explain how these numbers add up in our guide to FMLA lawsuit settlements, which also covers FMLA retaliation cases that employees won.
How California adds to federal leave rights
California has its own law, the California Family Rights Act, or CFRA. It runs alongside the FMLA, and in many cases both apply at once. CFRA covers employers with as few as five employees, so far more California workers qualify. California also gives up to four months of pregnancy disability leave, and the state's paid family leave program can replace part of your pay.
If you're searching for a CFRA lawyer, start with our California FMLA and CFRA guide. It covers state deadlines, the Civil Rights Department process, and the remedies California adds.
How to ask for leave the right way
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Tell your employer as early as you can, in writing. For planned leave, the law generally expects 30 days' notice.
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In an emergency, tell your employer as soon as you reasonably can.
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You don't have to say "FMLA" or "CFRA." Just explain that you need time off for a health reason or a family reason.
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Return the medical certification form on time.
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Keep a copy of every request, form, and reply.
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Ask your employer to confirm your leave dates and your return date in writing.
If your employer pushes back, save the message and call a lawyer before you go back to work.
When to call an FMLA lawyer
Call as soon as your leave is denied, or as soon as you face discipline after taking it. A federal FMLA claim generally has a two-year deadline, or three years if the violation was willful, and evidence tends to disappear quickly, so waiting can cost you.
We also help workers in Southern California and beyond. See our pages for Orange County employment lawyers and Riverside employment lawyers.
Guides that answer common questions
Our guide on whether your employer can fire you for taking medical leave covers the most common worry in more detail, from protected leave to the reasons employers give. It also explains why timing and paperwork carry so much weight in these cases.
Why employees choose Kingsley Szamet
Eric Kingsley and Kelsey Szamet lead the firm. You can read more about Kelsey Szamet on her profile page.
We handle leave cases on contingency. You pay no fee unless we recover money for you. Results depend on the facts of each case.
Frequently asked questions
Who qualifies for FMLA leave?
You generally need 12 months on the job and 1,250 hours in the past year. Your employer also needs 50 or more employees within 75 miles of your worksite. Public agencies and schools are covered at any size.
Can I be fired for taking medical leave?
Not because of the leave. An employer can still make normal business decisions, but it can't use protected leave as a reason. If you were fired during leave or soon after, talk to a lawyer about your timeline.
What is the difference between FMLA and CFRA?
FMLA is the federal law, and CFRA is California's law. Both give up to 12 weeks of job-protected leave. CFRA covers smaller employers, and the two often run together. You may have claims under both.
Is FMLA leave paid?
Your employer doesn't have to pay you during FMLA leave. Some workers get partial pay from California's paid family leave program or state disability insurance. You can also use vacation or sick time if your employer allows it.
How long do I have to sue for an FMLA violation?
A federal FMLA claim generally has a two-year deadline, or three years for a willful violation. California claims have their own deadlines. Call a lawyer soon so you don't lose your rights.
How much does an FMLA lawyer cost in Los Angeles?
At Kingsley Szamet, you pay no fee unless we recover money for you. Your first consultation is free. Costs like filing fees are explained in your fee agreement.
Contact Kingsley Szamet Employment Lawyers
Call (818) 990-8300 to talk about your leave. You can also schedule a free consultation online. We're at 16133 Ventura Blvd #1200, Encino, CA 91436, and we represent employees across California. This page gives general information. It isn't legal advice for your situation.
