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Family Medical Leave Act (FMLA) & California Family Rights Act (CFRA)

You may have an FMLA or CFRA claim if your employer denied your leave or retaliated against you. These laws protect your right to take time off for health conditions and family care. Apollo Law Group helps enforce your medical leave rights.

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What Are FMLA & CFRA?

FMLA (Federal Law)

The Family Medical Leave Act is a federal law that gives eligible employees up to 12 weeks of job-protected, unpaid leave for qualifying medical and family reasons.

CFRA (California State Law)

The California Family Rights Act expands employee protections and provides up to 12 weeks of job-protected leave, similar to FMLA, and sometimes even when FMLA does NOT apply.
These laws guarantee:

  • Your job (or an equivalent job) must be waiting for you.
  • Your employer must continue your health benefits.
  • You cannot be punished for taking leave.
  • You cannot be forced to work while on leave
 

If any of these rights were violated, you may have a powerful employment claim.

Retaliation can take many forms, including:

Who Qualifies for FMLA or CFRA?

Employer Eligibility

  • FMLA: Employers with 50+ employees.
  • CFRA: Employers with 5+ employees (CFRA covers more employees than FMLA.)​

Employee Eligibility

You generally qualify if:

  • You worked for the employer for at least 12 months.
  • You worked at least 1,250 hours in the past year.

You need to leave for a qualifying reason

Valid Reasons for FMLA or CFRA Leave

  • Your serious medical condition
  • Pregnancy-related disabilities (FMLA + CA Pregnancy Disability Leave)
  • Childbirth, postpartum recovery, bonding with a newborn
  • Adoption or foster placement
  • Caring for a spouse, child, or parent with a serious condition
  • Military caregiver leave
  • Mental health conditions requiring treatment

Note:

California offers Pregnancy Disability Leave (PDL) in addition to FMLA/CFRA, allowing some workers up to 7 months total leave.

Examples of Employer Violations

  • Denied your FMLA or CFRA leave
  • Refused to reinstate you to your job
  • Reduced your hours, demoted you, or changed your position
  • Fired you after taking leave
  • Retaliated against you for requesting leave
  • Forced you to “make up” missed work
  • Counted your leave against attendance or performance
  • Required personal medical details beyond what’s allowed
  • Threatened your job if you took leave

Signs You Have an FMLA/CFRA Case

  • HR or management discouraged you from taking leave
  • You were told “we’re too busy right now”
  • You returned from leave and your job suddenly changed
  • Your employer claimed you “abandoned your job”
  • You were disciplined for too many absences
  • They said your leave “did not qualify” without explanation
  • You were terminated shortly after returning

How Apollo Law Group Helps with FMLA & CFRA Law Standards?

We represent employees nationwide under FMLA, and California employees under CFRA, including disputes involving:

Denied leave

Forced return to work

Retaliation or discipline

Rescinded promotions

Wrongful termination

Failure to reinstate

Interference with leave

Disability-related leave complications

Pregnancy-related leave violations

Medical certification disputes

What Can We Do for You?

  • Investigate employer misconduct
  • Gather medical and employment evidence
  • Handle negotiations with HR and corporate counsel
  • File claims with DFEH/EEOC if needed
  • Pursue litigation aggressively
  • Maximize financial compensation

What Compensation You May Recover?

Common Mistakes Employees Should Avoid

  • Not documenting conversations with HR
  • Not keeping copies of emails or doctor’s notes
  • Taking leave without informing your employer
  • Returning early due to pressure from your boss
  • Quitting without speaking to a lawyer
  • Believing your employer’s claim that you “don’t qualify”
  • Lost wages
  • Lost bonuses, promotions, or benefits
  • Future lost earnings
  • Emotional distress
  • Punitive damages (in some cases)
  • Job reinstatement

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Frequently Asked Questions

Can I be fired for taking FMLA or CFRA leave?

No,it is illegal to fire an employee for taking protected leave.

No. Operational inconvenience is not a legal excuse.

Any serious medical condition requiring ongoing treatment, pregnancy, childbirth, or care for certain family members.

Up to 12 weeks, but California employees may qualify for additional Pregnancy Disability Leave.

FMLA/CFRA are unpaid, but you may use PTO, sick leave, SDI, or Paid Family Leave in California.

They can request limited certification not diagnosis or confidential information.

This is a violation and may result in compensation.

Almost certainly timing is one of the strongest indicators of retaliation.

Yes, mental health conditions are covered under FMLA and CFRA.

Speak With an Employment Lawyer Today

If you’ve been treated unfairly at work, don’t wait. Contact Apollo Law Group for a free consultation and let us fight for your rights.

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