Family and Medical Leave Attorney in Los Angeles, CA
CFRA generally entitles eligible employees of covered employers to up to 12 weeks of job-protected leave within a 12-month period for their own serious health condition, to bond with a new child, or to care for a family member with a serious health condition. CFRA runs parallel to the federal Family and Medical Leave Act (FMLA) but covers more employers (5 or more employees, versus 50 for FMLA) and a broader range of family relationships, including domestic partners, grandparents, grandchildren, and siblings as of recent amendments.
Key Points
- CFRA covers employers with 5 or more employees — far more workplaces than the federal FMLA's 50-employee threshold
- An employee generally must have worked at least 12 months and 1,250 hours in the prior 12 months to be eligible, similar to FMLA
- Leave is job-protected — an employer generally must reinstate the employee to the same or a comparable position upon return
- Taking CFRA leave cannot be used as a negative factor in employment decisions, and interfering with the right to take it is separately unlawful from retaliating against someone who already took it
Considerations
- A termination or demotion that follows a leave request or return from leave is scrutinized closely for a connection to the leave itself
- CFRA and FMLA leave often run concurrently, but the differences in covered employers and family relationships mean an employee can sometimes qualify for one but not the other
- Pregnancy-related leave is governed by a related but separate California law (Pregnancy Disability Leave), which can provide additional leave beyond CFRA
California Law Note
CFRA (Gov. Code § 12945.2) was significantly expanded in 2021 to cover small employers (5+ employees, down from 50) and additional family relationships — a change worth confirming applies to the employer in question, since older online information may still reflect the pre-2021 scope.
Related Questions
How do I know if my termination was actually wrongful?
The most reliable way is a free case evaluation, where the specific facts — what was said, the timing relative to any complaint or leave request, how similar situations were handled for other employees — can be reviewed directly. Suspicious timing (termination shortly after a complaint, a leave request, or a disability disclosure), inconsistent or shifting reasons from the employer, and different treatment of similarly situated coworkers are common signs worth having reviewed.
View this answer on its own page →See more detail on our main site: Family & Medical Leave Violations →
Attorney Advertising. Prior results do not guarantee a similar outcome. This page is general information, not legal advice, and does not create an attorney-client relationship.
Discuss Your Family & Medical Leave Violations Needs — Free
Free consultation. Employment cases are generally handled on a contingency fee basis — no fee unless we recover compensation for you; ask us for the specifics in writing.