Family and Medical Leave Rights Lawyer

To qualify for FMLA in California, an employee must have worked for their employer for at least 12 months and completed at least 1,250 work hours in the 12 months preceding the leave. The employer must have 50 or more employees within a 75-mile radius. The leave can be used for personal serious health conditions, caring for a spouse, child, or parent with a serious condition, or for birth, adoption, or foster care placement. Public agencies and schools are covered regardless of employee count. Some workers may also qualify under California’s CFRA for similar protections.

Under the FMLA, employers must hold an employee’s job—or an equivalent position—open for up to 12 workweeks of unpaid leave in a 12-month period. When the employee returns, the employer must reinstate them to the same or a nearly identical job with equal pay, benefits, and working conditions. If the employee cannot return after 12 weeks, the employer is no longer legally obligated under the FMLA to retain the position, though other laws (like the ADA) may require reasonable accommodation depending on the circumstances.

During FMLA leave, employees are entitled to job protection and continuation of their group health insurance as if they were still working. Employers must maintain benefits under the same terms. Employees cannot be fired or disciplined for taking qualified FMLA leave. Upon return, workers must be reinstated to their same or an equivalent position with equal pay and benefits. Employers cannot retaliate, discourage, or interfere with an employee’s right to take leave. Employees must provide notice and certification if required, particularly in the case of a mental or physical disability, but are otherwise protected from adverse employment actions related to the leave. How to sue for FMLA?

To sue for FMLA violations, employees must first confirm they were eligible for FMLA and that their employer was covered. Violations include denial of leave, wrongful termination, or retaliation. The process begins by filing a complaint with the U.S. Department of Labor’s Wage and Hour Division or directly filing a lawsuit in federal court within two years of the violation (three years for willful violations). Employees should document all communications and evidence of retaliation or denial.

Under the federal FMLA, employees can take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for eligible reasons. However, certain military caregiver leaves allow up to 26 weeks within a single 12-month period. Outside FMLA, employers may grant longer leaves under their own policies or as a reasonable accommodation under the Americans with Disabilities Act (ADA). State laws, such as California’s CFRA, can extend similar protections but typically mirror the 12-week limit.

The California Family Rights Act (CFRA) is similar to the federal FMLA but not identical. Both provide up to 12 weeks of job-protected leave for certain family or medical reasons, but CFRA covers more family members — including domestic partners, adult children, grandparents, and siblings—and applies to employers with five or more employees, while FMLA applies to those with 50 or more. Under CFRA, pregnancy disability is covered separately under the Pregnancy Disability Leave (PDL) law, while FMLA includes pregnancy as a serious health condition.

Employees have the right to take up to 12 weeks of unpaid, job-protected leave for qualifying reasons, such as serious health conditions or family care, while maintaining health benefits. They must provide 30 days’ advance notice, if possible, and medical certification, if requested. Employers must inform workers of their FMLA rights, maintain records, and restore employees to their same or equivalent job after leave. Both parties must communicate during the process to ensure compliance.

“FML” generally stands for “Family Medical Leave,” a generic term describing time off for family or medical reasons. “FMLA,” however, refers specifically to the Family and Medical Leave Act, a federal law that provides up to 12 weeks of unpaid, job-protected leave for qualifying employees. FML can refer to employer-provided or state-specific leave policies, which may differ in length or pay. FMLA is standardized and federally enforced by the U.S. Department of Labor, while “FML” can encompass other programs, such as California’s Paid Family Leave or state-specific family rights laws.

Under the federal FMLA, the maximum amount of family medical leave is 12 workweeks within a 12-month period. This applies to childbirth, adoption, foster care placement, or serious health conditions affecting the employee or immediate family. Military caregiver leave extends the maximum to 26 weeks in a 12-month period to care for a covered servicemember. States like California, under CFRA and Paid Family Leave, may supplement FMLA by providing partial wage replacement or additional protections, but they generally align with the 12-week job-protection timeframe guaranteed by federal law.

Under the federal FMLA, eligible employees can take up to 12 weeks of unpaid, job-protected leave within a 12-month period for qualifying family and medical reasons. Valid reasons include the birth or adoption of a child, caring for a seriously ill family member, or dealing with one’s own serious health condition. In certain cases, such as caring for a covered service member with a serious injury or illness, eligible employees may take up to 26 weeks of leave in a single 12-month period. Employers must continue group health benefits during the leave period.