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Family & Medical Leave

Family & Medical Leave
Attorneys in California

Your job should be protected when you need time for your health or family. If your employer violated your leave rights, we can help.

What We Do

Family and Medical Leave Act Pregnancy​

family and medical leave act pregnancy​

Bluestone Law Fights to Protect Workers’ Rights to Family and Medical Leave Act Pregnancy​

California employers must, by law, allow their employees certain legally protected forms of leave. If they refuse to grant such leave or punish an employee for taking such leave, they are subject to liability under a variety of California and Federal laws. Bluestone Law protects your rights under the Family and medical leave act pregnancy​ provisions. Get legal support if your leave has been denied or violated.

There are a several laws that protect employees’ rights to take medical leave without fear of job termination. The California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) are the two main statutes dealing with medical leave in California. The California Pregnancy Disability Leave (PDL), New Parent Leave Act, California Fair Employment and Housing Act (FEHA), and the Americans with Disabilities Act (ADA) also include provisions regarding medical leave. 

Some of the rights to take leave under these laws include:

  • The right to care for a sick family member.
  • The right to take leave to heal from a serious medical condition.
  • The right to paid sick leave (once an employee has worked at least 30 days within the year, and after the 90-day waiting period)
  • The right to leave due to pregnancy, childbirth, or a related condition.
  • The right to up to four months of leave for pregnancy or related disability.
  • The right to take medical leave to bond with a new child.
  • The right to bond with a new child for up to 12 weeks if the employer has 20 to 49 employees.
  • The right to take leave for the introduction of an adopted or foster child.
  • The right to handle practical matters due to a family member’s military service.
  • The right to up to 10 days of unpaid leave while a spouse is on military deployment during a period of conflict.
  • The right to take up to 26 weeks off to care for a spouse, child, or parent who suffered illness or injury while serving in the military.
  • The right to take time off to care for a domestic partner or child of a domestic partner.

Know Your Rights to Take a Leave of Absence

If you take one of these leaves, you may be entitled to the same or a comparable job upon your return from the leave. If you were not allowed the above leaves or were retaliated against or harassed after obtaining said leaves, then you have a right to file damages against your employer. However, if you are claiming damages under the FMLA, you should know that there are minimum standards you need to comply with in order to be eligible under the law.
If you want to make sure that you get the highest compensation you deserve for violation of your FMLA rights, the best thing to do is seek help from Bluestone Law in Los Angeles.

Common Claims

Types of Family & Medical Leave Claims

Understand the different situations that may give rise to a legal claim.

FMLA Violations

Employer denied or interfered with your right to take family or medical leave under federal law.

CFRA Violations

Violations of California Family Rights Act protections for bonding, caregiving, or medical leave.

Pregnancy Leave Violations

Denied leave or terminated during pregnancy, childbirth, or related medical conditions.

Retaliation for Taking Leave

Punished, demoted, or fired for exercising your right to protected leave.

Failure to Reinstate

Employer refused to return you to your same or equivalent position after protected leave.

Interference with Leave Rights

Employer discouraged, delayed, or obstructed your ability to take entitled leave.

Compensation

What You Can Recover

Depending on your case, you may be entitled to the following types of damages.

Lost Wages & Benefits
Job Reinstatement
Emotional Distress Damages
Liquidated Damages
Policy Changes at Work
Attorney Fees & Costs
How It Works

How Bluestone Law Helps

1

Free Case Evaluation

Tell us your story. We will review the facts and let you know if you have a viable claim — at no cost or obligation.

2

Investigation & Strategy

We gather evidence, interview witnesses, and build a tailored legal strategy designed to maximize your recovery.

3

Negotiation & Litigation

We negotiate aggressively on your behalf and are fully prepared to take your case to trial if necessary.

4

Resolution & Recovery

We fight to obtain the maximum compensation you deserve. You pay nothing unless we win your case.

FAQ

Frequently Asked Questions

Under CFRA and FMLA, eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons including serious health conditions, bonding with a new child, or caring for a family member.

Generally no. It is illegal to terminate an employee for taking protected leave. If you were fired during or shortly after taking leave, you may have a claim for retaliation or interference.

You typically need to have worked for your employer for at least 12 months, worked at least 1,250 hours in the past year, and work at a location with at least 5 employees (CFRA) or 50 employees (FMLA).

If you believe you qualify for protected leave and your employer denies it, this may be interference with your rights. Document the denial and consult an employment attorney right away.

Your fight starts with a
free call.

If you believe your employer violated your rights, our team is ready to listen. Every consultation is free and completely confidential.

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