California Family and Medical Leave Lawyer
Were You Denied Medical or Family Leave in California?
A California Family and Medical Leave Lawyer can help if your boss refused to approve your leave or penalized you for taking time off under the law. Whether you needed time to recover, care for a family member, or bond with a child, your rights are protected by federal and California state law.
Below, you’ll find the rules that protect you, the most common ways employers break them, and how to find out confidentially if what happened to you was against the law.
Not Sure If You Have a Case?
You don’t have to figure it out alone. Talk to someone who understands California leave laws and can explain your options; at no cost, with no obligation.
Time Off for a Medical Emergency Shouldn’t Cost You Your Job
You followed the rules. You gave notice. You provided the paperwork.
And still, your employer acted as if your absence was a problem to be fixed, rather than a right to be honored.
Maybe you came back to find your job “no longer available.” Maybe your hours were cut, your role was changed, or you were quietly pushed aside.
Some workers are even fired before their leave ends.
These actions aren’t only unfair but may also be illegal.
We Help California Workers Fight FMLA and CFRA Violations and Win
When employers violate leave laws, most workers don’t know where to start. That’s where we come in. The Henderson Firm focuses exclusively on California employment law, with a track record of holding companies accountable under FMLA, CFRA, and FEHA.
If your job was taken, your pay was cut, or you were punished for taking leave, we’ll investigate your claim and act if there’s a case.
There’s no cost unless we recover compensation for you.
Take Back Control in 3 Steps
You don’t need to know the law to defend your rights you just need to take the right first step.
Here’s how it works:
Step 02
Case Review
Mr. Henderson personally reviews your case.
Step 03
Proceed
If you have a case, we handle everything. If there’s no case, you owe nothing.
Eligibility Under FMLA and CFRA
Not every employee is covered by leave laws, but if you meet these basic criteria, your employer is legally required to grant qualifying leave. Here’s what the law says:
You qualify under FMLA if:
- Your employer has 50 or more employees within a 75-mile radius
- You’ve worked at least 12 months for the company (not necessarily consecutive)
- You’ve logged at least 1,250 hours during the past 12 months
You qualify under CFRA (California law) if:
- Your employer has 5 or more employees
- You’ve worked there for 12 months
- You’ve worked 1,250 hours in the past year
Note: California’s CFRA law offers broader protections than the federal FMLA in key areas. It covers additional family relationships, including care for a registered domestic partner, grandparent, grandchild, or sibling.
It also treats pregnancy-related conditions separately under Cal. Gov. Code §12945.2, allowing pregnant employees and new mothers access to expanded leave beyond the CFRA’s 12-week limit.
These distinctions are outlined in 29 CFR §825 and further clarified in the California Civil Rights Department’s Family Leave Handbook.
If you met the eligibility rules but were denied leave, delayed, or disciplined for using it, your employer may have violated these laws.
See Where You Stand Under California Leave Laws
Whether you’re dealing with FMLA, CFRA, or both, a quick review with an employment lawyer can clarify your rights and help protect your job.
Key Differences Between CFRA and FMLA
While the federal Family and Medical Leave Act (FMLA) and California’s Family Rights Act (CFRA) are often used together, they protect employees in different ways.
Understanding how they diverge can determine what rights apply to your leave situation, and whether your employer acted legally.
| Feature | CFRA (California) | FMLA (Federal) |
|---|---|---|
| Leave Length | Up to 12 weeks in a 12-month period | Up to 12 weeks in a 12-month period |
| Employer Coverage | Applies to employers with 5 or more employees | Applies to employers with 50 or more employees within 75 miles |
| Family Members Covered | Includes spouse, child, parent, registered domestic partner, grandparent, grandchild, and sibling | Limited to spouse, child, or parent |
| Pregnancy Coverage | Pregnancy and related conditions are handled separately under California’s Pregnancy Disability Leave (PDL) | Includes pregnancy as a serious health condition |
| Military Exigency Leave | Not covered | Covered under FMLA |
These distinctions are established in 29 CFR §825 (FMLA regulations) and Cal. Gov. Code §12945.2 (CFRA statute), and further explained in the California Civil Rights Department’s Family Leave Handbook.
If your leave involved a domestic partner, extended family member, or pregnancy-related issue, California law may give you stronger protections than federal law alone.
Find Out What You’re Entitled To.
Before It’s Too Late
Deadlines to File an FMLA or CFRA Claim in California
There’s a limited window to take legal action if your employer violated your leave rights. Missing this deadline could mean losing the right to compensation entirely.
- Standard deadline: You have two years from the date of the violation to file a claim under the FMLA or CFRA.
- Willful violations: If your employer knowingly ignored the law, you may have up to three years to file.
Don’t wait to find out if you have a case. Even if you’re unsure when the violation happened, a lawyer can help calculate your deadline based on your specific situation.
Real Case: Reduced Hours After Family Leave
A registered nurse in Los Angeles took CFRA leave to care for her father after surgery. When she returned, her employer cut her hours in half and reassigned her to a lower-paying unit. She contacted The Henderson Firm, and we filed a claim.
Within months, she secured a settlement that restored her full pay, covered lost wages, and included written protections against future retaliation.
Questions Real Workers Commonly Ask
My job wasn’t waiting for me when I came back; can they do that?
No. Both FMLA and CFRA require your employer to return you to your job or a nearly identical one. That includes the same pay, benefits, and duties. If you came back to a demotion, reassignment, or no job at all, that could be a violation of your legal rights.
I was let go right after I requested leave, what now?
Timing matters. If you were fired, laid off, or pressured to resign soon after requesting family or medical leave, that may be retaliation, especially if the reasons given don’t hold up. You may be entitled to compensation or even reinstatement.
My doctor says I need more time. Can I extend my leave beyond 12 weeks?
Possibly. Under California’s FEHA law, you may be entitled to additional unpaid leave if it qualifies as a reasonable accommodation for a disability. Your employer must consider this unless it causes them significant hardship.
Can I take my leave in smaller chunks, like a day or two at a time?
Yes. That’s called intermittent leave, and it’s allowed under both FMLA and CFRA for certain medical needs, like recurring treatments or flare-ups of a chronic condition. Your employer can’t block you from using leave this way if it’s medically supported.
Do I need to say ‘FMLA’ when I ask for time off?
No legal magic words are required. You just need to give enough detail so your employer understands the leave might be protected, like mentioning a serious health condition or a family member’s care. Once they know, it’s their responsibility to handle it under the law.
What does it cost to hire your firm?
There’s no upfront fee. We only get paid if we win your case. That means no risk to you.
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Table of Contents
What You Deserve & What We Deliver
Contingency-Based Representation
You don’t pay unless we win. Period.
Direct Access to Your Attorney
Every call, every email is handled by Mr. Henderson, not a paralegal
Confidential, Judgment-Free Consultations
Safe space to speak freely. Off the record until you’re ready
Expert Handling of Complex Cases
Focused on employee claims, drawing on experience that includes over $31M in past recoveries.
Aggressive Negotiation & Trial Readiness
Whether it settles or goes to court, we prepare to win
Clear, No-Nonsense Communication
No legal jargon. Just straight answers & a strong strategy
What You Gain When the Law Is on Your Side
Peace of Mind
Understand your rights and options under California leave laws, no more guessing, no more second-guessing.
Justice
If your employer broke the law, we make sure they face the consequences. That includes financial accountability and a legal record of what they did.
Protection
We fight for what matters: reinstatement if you want it, back pay if you lost income, and legal safeguards against future retaliation.
Time Limits Apply. Don’t Wait to Get Legal Answers
You may have as little as two years to take action and less if your employer tries to cover their tracks.
We can help you act before your rights expire.
Everything you share is 100% confidential. No pressure. No obligation. Just straight answers from an attorney who listens.