FMLA Lawyer in Los Angeles
For Employees Punished for Taking Medical Leave

You took leave the law gave you, and now your job is gone, your hours are cut, or your boss treats you like a problem. An FMLA lawyer at Bluestone Law can tell you, for free, whether your employer crossed the line under the federal Family and Medical Leave Act or California’s broader CFRA. From our Canoga Park office, we represent employees across Los Angeles County and the San Fernando Valley — never employers. You pay nothing unless we win.

What does an FMLA lawyer do?

An FMLA lawyer represents employees whose job-protected leave was denied, discouraged, cut short, or punished. For Los Angeles employees fired or demoted after medical or family leave, we prove what the employer did and why, then recover your lost pay and damages — in a settlement or at trial.

That covers the whole lifecycle of leave. It’s an FMLA or CFRA problem if your request was refused, if you were pressured not to take it, if you weren’t restored to your job afterward, or if you were written up, demoted, or fired after you came back. In California we usually bring these claims under the California Family Rights Act, Gov. Code § 12945.2, because it covers more workers than federal law.

Am I covered if my employer has fewer than 50 employees?

Probably, yes. Federal FMLA only applies to employers with 50 or more employees, but California’s CFRA applies to any employer with five or more.

Under both laws you’re eligible after 12 months on the job and at least 1,250 hours in the past year, and you get up to 12 workweeks of leave in a 12-month period (29 U.S.C. § 2611; 29 U.S.C. § 2612). The differences are where California workers win:

The CFRA family list comes from the Civil Rights Department’s own fact sheet; the FMLA list is in 29 U.S.C. § 2612(a)(1)(C). For the full eligibility walkthrough, see our CFRA leave guide. Pregnant? Pregnancy Disability Leave is a separate right on top of CFRA.

Can you be fired while on medical leave in California?

Not because of the leave. Under Gov. Code § 12945.2(k), it’s illegal to discharge, fine, suspend, or discriminate against you for using CFRA leave, and when your leave ends you’re guaranteed your same job or, in some cases, a comparable one.

Here’s the honest exception: leave doesn’t make you layoff-proof. Federal rules say you have no greater right to reinstatement than if you’d kept working, so a real layoff that would have hit you anyway can be lawful — but the same rule puts the burden on the employer to show you would not otherwise have been employed when you asked to come back. That’s often where their story falls apart. More on timing in our guides to being fired while FMLA is pending and what happens after FMLA runs out.

What’s the difference between FMLA interference and retaliation?

Interference is getting in the way of your leave: denying it, discouraging it, or restraining you from taking it. Retaliation is punishing you afterward for having taken it, or for complaining about a violation.

Both are illegal under federal law, 29 U.S.C. § 2615, and California’s version is in Gov. Code § 12945.2(k) and (q). It matters which one you have, because they’re proved differently.

• Interference looks like: “Now’s not a good time.” Leave approved, then quietly cancelled. Being told to work from the hospital. Protected days counted against a no-fault attendance policy, which federal rules forbid.
• Retaliation looks like: a first-ever bad review weeks after you return. Your accounts handed to someone else while you were out. A “restructuring” that eliminates only your role.

See more examples of FMLA violations by employers.

How do employers build their case against someone who took leave?

From the defense side, the goal is to show the firing had nothing to do with the leave: a performance problem, a policy violation, or a business decision that would have happened anyway. Rotem Tamir defended employers at a California defense firm before he switched sides, so we know which of those stories hold up and which were written after the fact.

The pattern to watch for is a paper trail that starts after you ask for leave: a sudden write-up, a performance plan with goals nobody could hit, a “position elimination” that somehow only touches you. When Rotem files a complaint on behalf of an employee, he drafts it knowing exactly how a defense attorney will attempt to attack each cause of action.

In Rotem’s words: Employers almost never say the leave was the reason. They’ll find a different, pretextual reason — usually “performance” — or they’ll squeeze you into a “layoff” or “reduction in force.” Either way, the label is designed to look neutral. Our job is to prove it isn’t.

Can I sue my employer for an FMLA violation?

Yes: federal law lets you sue for the wages, salary, and benefits you lost, plus an equal amount again as liquidated damages unless the employer proves it acted in good faith. The court can also order reinstatement or promotion, and make the employer pay your attorney’s fees.

California CFRA claims go through the Civil Rights Department first, then to court. To see how these cases tend to resolve, read our breakdowns of FMLA lawsuit settlement amounts and FMLA cases employees have won. Every case is unique; past results do not guarantee future outcomes.

How long do I have to file an FMLA or CFRA claim?

For a CFRA violation, you have three years to file a complaint with the Civil Rights Department (Gov. Code § 12960(e)(5)). For federal FMLA, you have two years to sue, or three if the violation was willful.

Both clocks start from the violation itself, and evidence gets harder to collect every month. If you were fired after leave, call now — while your texts, schedules, and emails are still where you left them.

How much does an FMLA lawyer cost in California?

Nothing upfront. We take FMLA and CFRA cases on contingency, so you pay no retainer and no hourly fees — and you pay nothing unless we win.

The first conversation is free and confidential. Tell us what happened, and we’ll tell you if you have a case and what it could be worth. No cost, no obligation, no pressure.

What should I do right now if my leave was denied or I was fired?

Write down the dates: when you asked for leave, what was said, when you went out and came back, and when things changed. Then save every email, text, and schedule you can lawfully access, and don’t sign a severance agreement before a lawyer reads it.

After that, call us. We’re based in Canoga Park and represent employees across Los Angeles County and the San Fernando Valley, with virtual meetings available statewide. If you were already fired after taking leave in Los Angeles, our wrongful termination team handles that claim too. Rotem Tamir personally reviews every potential case, and we’ll get back to you within 24 hours.

Your employer broke the law. We make them pay. Free Consultation · (310) 363-0975 · 7008 Owensmouth Ave., Canoga Park, CA 91303 · Se habla español.