Family & Medical Leave (FMLA/CFRA) Attorneys

The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave per year for qualifying employees at employers with 50+ employees within a 75-mile radius. California's California Family Rights Act (CFRA) provides the same 12 weeks but applies to employers with just 5 or more employees, covers a broader range of family relationships (including siblings, grandparents, grandchildren, domestic partners, and designated persons), and does not include pregnancy disability — because California provides separate, additional leave for that under the Pregnancy Disability Leave Law (up to 4 months). For California employees, CFRA generally provides stronger protections and applies to far more workers. New York does not have a direct CFRA equivalent but provides Paid Family Leave (NY PFL) of up to 12 weeks of partially paid leave and has separate disability benefits.

Your employer cannot fire you because you took or requested leave. However, being on leave does not grant absolute job protection in all circumstances. An employer can terminate an employee on leave if it can prove the decision was completely unrelated to the leave — for example, if your entire department was eliminated in a legitimate, documented reduction in force. But the burden is on the employer to demonstrate the termination would have occurred regardless of the leave. Courts closely scrutinize firings during or shortly after leave, and suspicious timing strongly favors the employee. If your position was 'eliminated' and replaced with a similar role filled by someone else, that is strong evidence of pretext. Under both FMLA and CFRA, you are entitled to reinstatement to the same or a comparable position upon return from leave.

Under the federal FMLA, your employer must have at least 50 employees within a 75-mile radius, and you must have worked there for at least 12 months and logged at least 1,250 hours. However, California's CFRA is far more inclusive — it applies to any employer with 5 or more employees, with no geographic radius requirement. You still need 12 months of service and 1,250 hours worked. In New York, Paid Family Leave (PFL) covers virtually all private-sector employers regardless of size, and eligibility requires just 26 consecutive weeks of regular employment (or 175 days for part-time workers). So even if you work for a company with fewer than 50 employees, you likely have leave rights under state law in California or New York.

FMLA and CFRA leave is unpaid, but several mechanisms can replace some or all of your income. In California, you may be eligible for State Disability Insurance (SDI) if your own medical condition prevents you from working, or Paid Family Leave (CA PFL) insurance if you are caring for a seriously ill family member or bonding with a new child — both pay approximately 60-70% of your weekly wages up to a cap. New York's PFL program pays 67% of the employee's average weekly wage, up to a cap tied to the state average weekly wage, for up to 12 weeks. Employers may also require or allow you to use accrued paid time off (vacation, sick leave) concurrently with FMLA/CFRA leave. Some employers provide supplemental paid parental or medical leave on top of these benefits. An attorney can help you maximize your income replacement during leave.

Document everything and act promptly. If your employer is denying your leave request, requiring unnecessary documentation, pressuring you to return early, or contacting you excessively during leave, these may constitute FMLA/CFRA interference — a separate violation from retaliation. File your leave requests in writing, keep copies of your medical certifications, and save any communications showing interference or pressure. You can file a complaint with the U.S. Department of Labor (for FMLA violations), the California Civil Rights Department (for CFRA violations), or pursue a private lawsuit. In California, CFRA interference and retaliation claims under Government Code Section 12945.2 carry the same remedies as FEHA claims: back pay, front pay, emotional distress damages, punitive damages, and attorney's fees. Acting quickly matters because the statute of limitations is two years for FMLA claims (three years if willful) and three years for CFRA claims filed through the CRD.