Words associated with the Family Medical Leave Act are:

Work leaves of absence for a, “Serious Medical Condition;”

Employees qualify who have worked 1,250 hours for their employer in the last twelve months;

Employers with 50 or more employees in a 75 mile radius are employers who must provide FMLA/CFRA leaves;

FMLA is the Federal Family Medical Leave Act;

CFRA stands for the California Family Rights Act.

CFRA/FMLA employee rights include: 1) Reinstatement to a comparable job after a CFRA/FMLA leave of absence; 2) Up to 12 weeks off for a serious medical condition within a twelve month period. This time off can be in blocks, or intermittent; 3) Employees fired for exercising their CFRA/FMLA rights may sue for wrongful termination and violations of CFRA/FMLA.

Health conditions covered by the CFRA/FMLA include the employee’s own serious medical condition, or a serious medical condition of a family member. The definition of family member was recently expanded to include domestic partners. Non-biological children and parents are covered family members.

Employees may request CFRA/FMLA leave orally, or with a doctor’s note giving enough information to the employer to advise the employer of the employee’s need for medical leave due to a serious medical condition without invading the employee’s privacy. We advise employees to always orally confirm their employer received a certifying form of the serious medical condition at issue. In the event of a fax, a fax transmission sheet should be obtained. E-mails in which a PDF has been transmitted should be printed out, and the employee should confirm the employer received the e-mail and it did not go to a spam folder of the employer.


EIf you are unsure whether your medical condition constitutes a disability, a condition is covered by the Family Medical Leave Act, which employment laws might protect you if your leave of absence is due to pregnancy or a work injury you should call either 323-525-1600, 310-842-8600, or 818-783-7300 to speak to one of our California medical leave lawyers. California has multiple leave laws, including laws to care for domestic violence when the California Family Rights Act might not apply.

Many job leave of absence cases involve less than a piece of a paper from an employer telling the employee they have been fired. After an experienced California medical leave attorney assists in determining which leave law applies, the attorney can begin assessing whether an employment act might constitute a job termination, or refusal to permit an employee to work. Moreover, our attorneys can help determine if an employer has constructively terminated an employee (forced the employee to quit) by refusing to assign them work.

Family Medical Leave Act violations occur when employers refuse to reinstate employees to comparable positions. A violation may also occur when an employer forces an employee to go out on a FMLA leave when the employee does not want to. Some of these cases involve employers prematurely claiming they cannot accommodate the employee’s medical condition. Interesting questions arise when an employer forces an employer to go on leave early thereby making the employee miss more than three months of work. We have also handled a significant number of cases in which the employer, including many national employers, assumed the employee’s only leave rights were CFRA/FMLA, but disability or pregnancy laws allowed for longer leaves of absence. After handing medical leave of absence cases since 1993 firm founder, Karl Gerber, can effectively evaluate which law might be broken if an employee is fired or not permitted to work due to a medical condition.


Employers who lose Family Medical Leave Act/CFRA lawsuits are liable for the employee’s legal fees and costs. Employers are also liable for past and future lost wages. One of the differences in the Federal FMLA and the California version (CFRA) is under California CFRA laws employees can obtain emotional distress if their family leave rights are violated.

Our Family Medical Leave Act lawyers have achieved considerable success on CFRA/FMLA cases. We won a CFRA/FMLA arbitration for $539,000. We also won a pure Federal FMLA Act arbitration a few years earlier. In addition, Karl Gerber tried a three week jury trial involving FMLA and disability rights. Many times we have obtained settlements for more than $100,000 due to FMLA violations. In terms of dual pregnancy/FMLA cases, Karl Gerber has won numerous jury trials and an arbitration involving leaves of absence due to pregnancy. He and our firm has also settled and tried many disability discrimination arbitrations and jury trials. Leave of absence lawsuits are ultimately valued based upon lost wages, the ability to claim and sue for emotional distress, potential punitive damages, and the amount of attorney fees incurred at the time of settlement, or in order to win the case.

Call 1-877-525-0700 for a winning Family Medical Leave Act Lawyer

Offices in downtown Los Angeles, Sherman Oaks, Oxnard, Tustin, Riverside, and Bakersfield