FMLA Lawyers in Los Angeles

Dedicated Legal Advocacy for Employees at Mesriani Law Group

Taking time off for a serious health condition or to care for a loved one is a legal right, not a workplace perk. In California, a combination of federal and state laws—the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)—protects your job while you are away.

If your employer denied your leave, failed to reinstate you to your position, or retaliated against you for taking time off, you may have a significant legal claim. At Mesriani Law Group, our experienced Los Angeles employment attorneys fight to hold companies accountable and secure the compensation you deserve.

1. What is the FMLA? (Federal Law)

The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. While on leave, your employer must maintain your group health insurance coverage.

Qualifying Reasons for Leave:

• Personal Health: A serious condition preventing you from performing your job.

• Family Care: Caring for a spouse, child, or parent with a serious health issue.

• New Additions: Bonding with a newborn or a child placed through adoption or foster care.

• Military Needs: Emergency needs for family of active-duty members (up to 26 weeks for military caregivers).

2. FMLA vs. CFRA: How California Protects You More

The California Family Rights Act (CFRA) works in tandem with the FMLA but offers broader protections for California workers.

The California Pregnancy Disability Leave Law (PDLL)

California provides a separate protection for pregnant mothers. You are entitled to job-protected leave for pregnancy, childbirth, and related medical issues. Most eligible employees can take their PDLL leave and then take an additional 12 weeks of CFRA leave for baby bonding.

3. Eligibility & Medical Evidence

To qualify for FMLA/CFRA protection, you must generally meet these requirements:

• Duration: Employed with the company for at least 12 months.

• Hours: Worked at least 1,250 hours in the past 12 months.

• Employer Size: 5+ employees (CFRA) or 50+ employees within 75 miles (FMLA).

Can my employer ask for proof?

Yes. An employer may request a written doctor’s note identifying the severity of the condition and expected time off. Under FMLA, they can request a second opinion (at their expense), but under CFRA, they cannot request a second opinion for a family member’s condition.

4. Red Flags: Examples of Leave Violations

Retaliation is strictly prohibited. You may have a case if you experienced:

• Termination during or immediately after your leave.

• Demotion or loss of benefits upon your return.

• Work Pressure: Being forced to answer emails or perform tasks while on leave.

• Denial of Leave: Being told you aren’t “allowed” to take time off despite being eligible.

• Failure to Reinstate: Not being returned to your former or an equivalent position.

5. Your Pre-Consultation Checklist

If you believe your rights were violated, gather these documents to build a strong case:

• [ ] Leave Paperwork: Copies of your initial request and the employer’s response.

• [ ] Medical Notes: All doctor’s certifications provided to your employer.

• [ ] Communication Logs: Save all emails, texts, or voicemails regarding your leave.

• [ ] Employment History: Recent performance reviews and pay stubs.

• [ ] The Timeline: A written list of dates (Request date, Leave start/end, and the date of any retaliation).

Important: Do not sign any severance agreements or “release of claims” until a lawyer reviews them. Doing so could waive your right to sue for FMLA violations.

6. Know Your Privacy: What Employers CANNOT Ask

In California, your medical privacy is strictly protected. Under the CFRA, your employer is NOT entitled to know your specific diagnosis or the details of your medical condition. A doctor’s note only needs to state:

1. That you have a serious health condition.

2. That the condition prevents you from performing job functions.

3. The expected duration of your absence.