If you need an FMLA or CFRA lawyer in Los Angeles, Mesriani Law Group is here to help. California employees who need time off for a serious health condition, to care for a family member, or to bond with a new child are protected by multiple overlapping federal and state leave laws. When employers deny, interfere with, or retaliate against employees for taking protected leave, they violate powerful legal protections.

At Mesriani Law Group, our Los Angeles FMLA and CFRA attorneys represent employees whose leave rights have been violated — whether through denial, interference, or retaliation following protected leave. We handle all family and medical leave cases on a contingency fee basis — you pay nothing unless we win.

California’s Leave Law Stack: FMLA, CFRA, PDL, PFL, and NPLA

California employees may be covered by multiple overlapping leave laws simultaneously. Understanding which laws apply to your situation is essential to protecting your rights:

Important: Many California employees are entitled to leave under more than one law simultaneously. PDL leave and CFRA bonding leave may be taken consecutively, giving eligible employees up to seven months of combined leave. Our attorneys identify every available leave entitlement for your specific situation.

FMLA vs. CFRA: Key Differences in California

Although FMLA and CFRA are parallel laws with similar structures, California’s CFRA provides stronger protections in several important respects. See our full guide to your rights under the California Family Rights Act:

• Employer coverage: CFRA covers employers with 5 or more employees. FMLA requires 50 or more employees within a 75-mile radius. California employees at small employers are only covered by CFRA.
• Pregnancy: FMLA covers pregnancy as a serious health condition. CFRA does not — pregnancy is instead covered by California’s separate Pregnancy Disability Leave (PDL) law, which provides up to four months of leave. This means eligible employees may take PDL leave and then CFRA bonding leave consecutively.
• Family members: CFRA covers a broader range of family members including domestic partners, grandparents, grandchildren, and siblings. FMLA does not cover domestic partners or grandparents.
• Medical privacy: Under CFRA, the doctor’s certification does not need to include the specific diagnosis — only that a serious health condition exists and how it affects the ability to work. FMLA allows employers to request more detailed medical information.
• Military caregiver leave: FMLA provides up to 26 weeks of leave to care for a covered servicemember with a serious injury or illness. CFRA provides 12 weeks for qualifying exigency leave for military family members.

Who Qualifies for FMLA and CFRA Leave?

FMLA Eligibility

To be eligible for FMLA leave, an employee must:

• Work for an employer with 50 or more employees within a 75-mile radius
• Have worked for the employer for at least 12 months
• Have worked at least 1,250 hours during the 12 months preceding the leave

CFRA Eligibility

To be eligible for CFRA leave, an employee must:

• Work for an employer with 5 or more employees
• Have worked for the employer for at least 12 months
• Have worked at least 1,250 hours during the 12 months preceding the leave

Qualifying Reasons for FMLA and CFRA Leave

Both FMLA and CFRA provide up to 12 weeks of job-protected leave per year. See our guide to everything you need to know about FMLA for:

• The employee’s own serious health condition: Any illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a healthcare provider. Includes serious mental health conditions such as anxiety, depression, and PTSD — see also our disability discrimination page.
• Care for a family member with a serious health condition: FMLA covers spouse, child, and parent. CFRA also covers domestic partner, grandparent, grandchild, and sibling.
• Bonding with a new child: Birth, adoption, or foster placement of a child. Leave must be taken within one year of the qualifying event.
• Qualifying military exigency: Certain events related to a family member’s active duty military deployment.

Pregnancy Disability Leave (PDL) and the California Leave Stack

California’s Pregnancy Disability Leave Law (Government Code § 12945) provides additional protections for pregnant employees — see also our pregnancy discrimination page

• Covers employers with 5 or more employees
• Provides up to four months (17.3 weeks) of job-protected leave for pregnancy, childbirth, or related medical conditions
• Applies to all employees regardless of how long they have worked for the employer
• Runs concurrently with FMLA but separately from CFRA

The California leave stack: An eligible employee may take up to four months of PDL (for pregnancy disability), then immediately take up to 12 weeks of CFRA bonding leave — for a total of up to approximately seven months of combined job-protected leave. This does not include any Paid Family Leave (PFL) wage replacement benefits that may run concurrently.

Paid Family Leave (PFL): Wage Replacement During Leave

California’s Paid Family Leave program (administered by the EDD) provides partial wage replacement during qualifying leave. See our guide to the New Parent Leave Act in California:

• Provides approximately 60–70% of the employee’s weekly wages, up to a weekly maximum
• Available for up to 8 weeks per year for bonding with a new child, caring for a seriously ill family member, or military assist leave
• PFL is wage replacement only — it does not provide job protection on its own
• PFL runs concurrently with CFRA and FMLA leave when the employee is taking qualifying bonding or caregiver leave
• Employees may also receive SDI (State Disability Insurance) benefits during PDL and their own serious health condition leave

FMLA and CFRA Violations: Interference and Retaliation

Two distinct types of legal claims arise from employer violations of FMLA and CFRA:

• Interference claims: An employer “interferes” with FMLA or CFRA rights when it denies leave to an eligible employee, fails to inform employees of their leave rights, discourages employees from taking qualifying leave, counts leave against an employee under an attendance policy, or fails to restore the employee to the same or equivalent position upon return.
• Retaliation claims: An employer “retaliates” when it takes adverse employment action against an employee for taking or requesting FMLA or CFRA leave — see our workplace retaliation page. Termination, demotion, reduced hours, and negative performance reviews following leave are common forms of retaliation.

Terminating an employee immediately after they return from FMLA or CFRA leave — which may constitute wrongful termination, or changing their position or duties upon return, is one of the most common and legally significant forms of leave-related retaliation in California.

Job Restoration Rights Under FMLA and CFRA

Upon returning from FMLA or CFRA leave, employees are entitled to:

• Restoration to the same position held before leave, or
• An equivalent position with equivalent pay, benefits, and working conditions

An equivalent position means one that is virtually identical in terms of pay, benefits, working conditions, privileges, perquisites, and status. An employer may not reduce pay, change shift, reassign to a different location, or reduce responsibilities upon an employee’s return from qualifying leave without potentially violating FMLA or CFRA.

Health Insurance Continuation During Leave

Both FMLA and CFRA require employers to maintain group health insurance coverage for employees on qualifying leave. See our guide on what happens to health insurance and seniority during FMLA leave on the same terms as if they had not taken leave. Key points:

• The employee continues to pay their normal share of premiums
• The employer must continue paying its share of premiums
• If the employee fails to return from leave, the employer may seek reimbursement for premiums paid during leave (with exceptions for circumstances beyond the employee’s control)

What Compensation Can You Recover for FMLA/CFRA Violations?

• Back pay and lost benefits: Wages and benefits lost as a result of the employer’s violation
• Liquidated damages: Under FMLA, a willful violation entitles the employee to liquidated damages equal to the back pay award
• Compensatory damages: Emotional distress and other non-economic harm for CFRA retaliation claims under FEHA
• Punitive damages: Available under FEHA for malicious or oppressive CFRA retaliation
• Reinstatement: A court order requiring the employer to restore your position
• Attorney’s fees and costs: Prevailing plaintiffs recover attorney’s fees under both FMLA and CFRA

Filing Deadlines for FMLA and CFRA Claims

• FMLA claims: Two years from the date of the violation; three years for willful violations. No EEOC filing required — FMLA claims can be filed directly in federal court.
• CFRA claims (through FEHA): File with the California Civil Rights Department (CRD) within three years of the violation. A right-to-sue notice is required before filing a civil lawsuit.

Important: Act quickly. Evidence in FMLA and CFRA cases — leave request communications, return-to-work documentation, and performance records before and after leave — can disappear or be altered. Contact an FMLA and CFRA lawyer in Los Angeles as soon as you suspect a violation.

Why Choose Mesriani Law Group as Your FMLA and CFRA Lawyer in Los Angeles?

• Over 30 years representing employees in FMLA, CFRA, PDL, and family leave cases throughout Los Angeles and California
• Hundreds of millions of dollars recovered for clients
• Deep knowledge of the full California leave stack and how FMLA, CFRA, PDL, PFL, and NPLA interact
• Experience with interference, retaliation, and job restoration claims
• No Win, No Fee — you pay nothing unless we win your case
• Available 24/7 in English, Spanish, and Farsi