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FMLA Lawyer
Juggling a demanding job in Los Angeles is hard enough. When a family emergency strikes or you’re faced with your own serious health condition, the fear of losing your job shouldn’t be another burden. You might be worried that asking for time off to care for a sick parent, bond with a new baby, or recover from a medical procedure will put your career and your family’s financial security at risk.
You deserve to focus on what matters most—your health and your family—without that fear. Fortunately, federal and state laws were created to protect you in these exact situations. These laws give you the right to take job-protected leave.
However, understanding and asserting these rights against an employer can be an intimidating and overwhelming process. This is where a Los Angeles FMLA lawyer from Haeggquist & Eck can stand with you. We believe no one should ever have to choose between their family’s well-being and their paycheck. Contact us today for a free, confidential consultation to learn how we can help.
Key Takeaways
- The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide eligible employees with job-protected leave for specific family and medical reasons.
- An employer cannot legally retaliate against, demote, or terminate an employee for requesting or taking qualified FMLA or CFRA leave.
- Eligibility for this type of protected leave depends on factors like the size of the company and the employee’s length of service and hours worked.
- California’s CFRA often provides broader protections than the federal FMLA, including covering leave to care for more family members and applying to smaller employers.
- Common violations of these laws include denying a valid leave request, interfering with an employee’s right to take leave, or failing to reinstate the employee to their same or an equivalent position upon their return.
Reach out to a retaliation attorney in Los Angeles who can help by contacting Haeggquist & Eck, LLP online or calling (619) 342-8000 to schedule a free case evaluation.
How a Haeggquist & Eck Los Angeles FMLA Lawyer Stands by Your Side
When you’re facing a powerful company that has disregarded your rights, you need more than just a lawyer; you need a dedicated advocate who sees you as a person, not a case file. At Haeggquist & Eck, we have built our firm on the principle of providing compassionate, powerful representation to people who have been wronged.
- We Are a Rare, Women-Owned Firm: The legal field, like many industries, is male-dominated. Our firm was founded by Alreen Haeggquist to serve people who feel underestimated and overlooked. We know what it’s like to fight for our power and success, and we will fight for yours with that same relentless determination.
- You Get Unprecedented Personal Attention: Many law firms in Los Angeles burden their attorneys with up to 100 cases at once. We do things differently. Our attorneys maintain a small caseload of around 15 cases at a time. This means your attorney will be thinking about your case day and night, giving you the focus and personal attention you deserve.
- You Pay Nothing Out of Pocket: We handle all cases on a contingency fee basis. This means you will never receive a bill from us. We cover all the costs of litigation, and we only get paid if we win a settlement or judgment for you. The financial risk is 100% on us, so you can focus on your life.
As a trauma-informed team, we understand that the reason for your leave may be rooted in a deeply personal and difficult experience. We approach every case with the care and sensitivity you and your family deserve.
Understanding Your Right to Family and Medical Leave in California
Knowing your rights is the first step toward protecting them. In California, employees are protected by two key laws that often work together: the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).
The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. The term “job-protected” is critical—it means that when your leave is over, you have the right to return to the same or a very similar job, with the same pay, benefits, and responsibilities.
Your employer cannot give your job away while you are on approved FMLA leave.
California provides its own powerful leave law called the California Family Rights Act (CFRA).
This state law often runs at the same time as FMLA but provides several broader protections for Los Angeles employees. For example, CFRA applies to smaller companies (those with just five or more employees) and expands the definition of “family member” to include domestic partners, grandparents, grandchildren, siblings, and parents-in-law.
Are You Eligible for Protected Leave in Los Angeles?
Eligibility for these programs can seem confusing, but it generally depends on three main factors: the size of your employer, how long you’ve worked there, and how many hours you’ve worked recently.
Here are the basic eligibility requirements for both laws:
FMLA Eligibility:
- You must work for a company that has 50 or more employees within a 75-mile radius of your worksite.
- You must have worked for that employer for at least 12 months (they do not need to be consecutive).
- You must have worked at least 1,250 hours for the employer in the 12 months immediately before your leave begins.
CFRA Eligibility:
- You must work for a company with 5 or more employees.
- You must have worked for that employer for at least 12 months.
- You must have worked at least 1,250 hours for the employer in the 12 months immediately before your leave begins.
These rules can have specific exceptions and details that apply to unique situations. If you are unsure whether you qualify for protected leave, speaking with a knowledgeable Los Angeles FMLA lawyer can help bring clarity to your circumstances.
What Are Qualifying Reasons for Taking FMLA/CFRA Leave?
These powerful laws were designed to help employees navigate serious life events without the threat of job loss. This means the reason for your leave must fall into a “qualifying” category. You can’t use FMLA for a common cold, but you absolutely can for a significant health or family matter.
You may be able to take FMLA and/or CFRA leave for any of the following reasons:
- To bond with a new child, whether through birth, adoption, or foster care placement.
- To care for an immediate family member with a “serious health condition.” This includes a spouse, child, or parent under FMLA, and is expanded to include domestic partners, grandparents, grandchildren, and more under CFRA.
- For your own “serious health condition” that makes you unable to perform the essential functions of your job.
- For specific needs arising from a family member’s active military service, such as arranging for childcare or attending military ceremonies.
A “serious health condition” is more than a minor, short-term illness. The law defines it as an illness, injury, impairment, or physical or mental condition that involves either inpatient care (an overnight stay in a hospital or other medical care facility) or continuing treatment by a healthcare provider. This can include conditions requiring surgery, chronic conditions like diabetes or epilepsy, or long-term care for a severe illness.
harassment, firing, demotion or failure to receive an appropriate promotion,
denial of benefits, or in any other way, contact Haeggquist & Eck, LLP online
today for a free case evaluation and exceptional representation.
Signs Your Los Angeles Employer Is Violating Your FMLA Rights
It can be a deeply unsettling and painful experience to be punished for prioritizing your health or your family. Most employers in the Los Angeles area follow the law and respect their employees’ rights, but unfortunately, some do not. When an employer interferes with your right to take leave or retaliates against you for doing so, they are breaking the law. It is crucial to recognize the signs that your FMLA or CFRA rights might be violated.
If you have recently requested or returned from leave and are experiencing negative treatment at work, it may be more than just a coincidence. Be aware of these common illegal actions by employers. Potential violations may include:
- Your supervisor or HR manager tries to discourage or talk you out of taking the leave you are entitled to.
- Your valid leave request is denied, even though you are eligible and have provided the necessary documentation for a qualifying reason.
- You are required to perform work, answer emails, or take calls regularly while you are on your approved leave.
- When you return, you find that your job title, pay, benefits, or core responsibilities have been changed for the worse.
- You are demoted, disciplined, or fired while on leave or shortly after you get back to work.
These actions are not just unfair—they can be illegal. This is often called FMLA retaliation, and it is strictly prohibited by both federal and state law.
What Does FMLA Retaliation Look Like in the Real World?
Retaliation is a legal term that simply means your employer takes any negative or “adverse” action against you because you engaged in a legally protected activity, like requesting or taking FMLA/CFRA leave. It doesn’t have to be as obvious as a termination.
Imagine you work for a media company in Burbank and take approved CFRA leave to care for your mother after she has a serious surgery. When you return, you’re told your main project was given to someone else permanently, and you’re being moved to a dead-end position with no opportunity for advancement. Even though you weren’t fired, this could be a clear case of unlawful retaliation because your career was negatively impacted as a direct result of taking protected leave.
What to Do if You Suspect Your FMLA Rights Were Violated
If you believe your employer has acted unlawfully regarding your medical or family leave, taking a few organized steps can be very helpful in protecting your rights.
- Gather Your Documents: If you can, collect and save copies of all relevant paperwork. This includes your FMLA/CFRA request forms, any emails or written communication about your leave, medical certifications, past performance reviews (especially if they were positive), and your termination letter, if you were fired.
- Create a Timeline: On a piece of paper or in a private document, write down a sequence of events. Note the date you first requested leave, when it was approved or denied, who you spoke to, what was said, and what negative actions happened when you returned.
- Review Your Employee Handbook: Look for your company’s official written policies on medical and family leave. See if the company followed its own procedures in your case.
- Avoid Signing Away Your Rights: Be very cautious about signing any documents your employer gives you after a demotion or termination, such as a severance agreement. These documents often include language that requires you to give up your right to take legal action.
Having this information organized can provide crucial clarity and support should you decide to explore your legal options with a qualified attorney.
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Ready to Be Heard? Contact Our Trusted Los Angeles FMLA Lawyers Today.
Standing up to an employer who has wronged you is scary, but you do not have to face this fight alone. At Haeggquist & Eck, we are here to listen to your story, to believe you, and to fight for the justice and recovery you deserve. We are a team that understands the human side of employment law because we see you as a person first.
You will be cared for and supported by a trauma-informed, women-led team that provides unprecedented personal attention to every client. And because we take all cases on a contingency basis, the financial risk is 100% on us. You will never pay a penny out of your own pocket, and we only get paid if we successfully secure a recovery for you.
Ready to be heard? Ready to be believed? Ready to win?
Contact our Los Angeles office today at (310) 651-8001 or through our online form for a free, completely confidential case evaluation. Let us help you get your life back together, stronger than ever.
Frequently Asked Questions
FMLA and CFRA provide unpaid, job-protected leave. The core right is to the time off itself without losing your job. While your employer may require you to use accrued paid time off (like sick days or vacation time) so that you receive a paycheck during your leave, the underlying protection comes from FMLA/CFRA. Paid sick leave is a separate benefit, usually for shorter-term, less serious illnesses.
Your employer can make occasional contact for minor, infrequent questions, such as asking where a specific file is located. However, they cannot ask or require you to perform any substantial work. Doing so would interfere with your right to take leave and could be a violation of the law.
No. You are required to provide enough information for your employer to understand that your leave qualifies under FMLA/CFRA, but this is typically done through a medical certification form completed by your healthcare provider. You are not required to share your private medical diagnosis or personal health details with your direct supervisor or HR.
During your FMLA/CFRA leave, your employer must maintain your group health insurance coverage under the same terms and conditions as if you had continued to work. You will still be responsible for paying your portion of the premium, just as you did while working.
Yes, in many situations, this is allowed. This is called "intermittent leave" or a "reduced leave schedule." For example, if you need to attend regular chemotherapy appointments, physical therapy sessions, or care for a family member with recurring medical episodes, you can use your FMLA/CFRA leave for those specific blocks of time rather than taking 12 weeks all at once.
