Can I Sue My Employer for Violating My FMLA Rights in California?

Did your employer deny your medical leave, cut your hours after you came back, or fire you for taking time off to care for a family member? If so, you may be able to sue. Yes, you can sue your employer for violating your FMLA rights in California. In many cases, you can also bring a parallel claim under the state’s own family leave law for added protection.

Emanuel Shirazi of Shirazi Law Firm, P.C. represents employees only, never employers, in medical and family leave disputes across Los Angeles. A consultation costs nothing, and there’s no fee unless he recovers money for you.

Key Takeaways

• Federal FMLA and California’s CFRA often overlap, but they have different covered-employer thresholds and different filing deadlines.
• An FMLA lawsuit generally must be filed within two years of the violation, or three years if it was willful.
• A CFRA claim requires a complaint with California’s Civil Rights Department first, usually within three years of the violation.
• Remedies can include back pay, reinstatement, and in FMLA cases, liquidated damages that double your lost wages.
• You do not need to prove your employer meant to fire you. Interference with leave alone can be enough.

What Counts as an FMLA Violation?

FMLA violations usually fall into two buckets: interference and retaliation.

Interference happens when an employer denies, discourages, or blocks an eligible worker from taking protected leave.

Retaliation happens when an employer punishes a worker for taking or requesting that leave. Common examples include a manager who refuses to approve leave for a parent’s cancer treatment. Other examples include a company that fails to restore an employee to the same or an equivalent job after leave ends, or a supervisor who demotes someone shortly after they return from medical leave.

Do You Qualify for FMLA Protection?

Under federal law, an employee is eligible if they have worked for a covered employer for at least 12 months. They must also have logged at least 1,250 hours of service in the prior 12 months. Finally, they must work at a site with 50 or more employees within 75 miles.

California’s parallel law, the CFRA, casts a wider net. It covers employers with 5 or more employees, meaning many smaller Los Angeles businesses that FMLA does not reach still must provide job-protected leave under state law.

How FMLA and CFRA Work Together in California

Because the two laws run side by side, an employee’s leave often qualifies under both at once, and a lawsuit can raise both claims together. A CFRA claim requires an administrative step the FMLA does not: filing a complaint with the California Civil Rights Department before heading to court.

An FMLA claim can go straight to federal or state court without that administrative stop.

What Deadlines Apply to Your Claim?

Missing a filing deadline can end a valid claim no matter how strong the facts are.

1. FMLA lawsuit: generally must be filed within two years of the violation, or three years if the employer’s conduct was willful.
2. CFRA claim: requires a complaint with the Civil Rights Department within three years of the unlawful act, followed by a lawsuit within one year of receiving a right-to-sue notice.
3. Immediate right-to-sue option: an employee can request an immediate right-to-sue notice from the CRD instead of waiting for an investigation, which starts the one-year lawsuit clock right away.

Because these deadlines run independently and do not pause each other, an employee who waits to “see what happens” at work risks losing a claim entirely.

What Can You Recover in an FMLA or CFRA Lawsuit?

Under the FMLA, a successful employee can recover lost wages and benefits. Courts can also order liquidated damages equal to that same amount, effectively doubling the back pay award. The employer avoids that doubling only if it proves it acted in good faith. Reinstatement, promotion, and attorney’s fees are also available.

A CFRA claim can add emotional distress damages and, in rare cases involving fraud or malice, punitive damages.

Emanuel Shirazi has practiced California employment law since 2003. He has represented employees in medical and family leave disputes against companies ranging from small Los Angeles employers to Fortune 500 corporations.

Shirazi Law Firm has recovered over $2.4 million in a failure-to-provide-medical-leave case and over $1.2 million in a failure-to-accommodate matter, among other results.

FAQ

Can I be fired while on FMLA leave in California?

Generally, no. An employer cannot terminate you simply for taking protected leave. You can still be fired for reasons unrelated to the leave, such as a documented performance issue that predates your leave request. If your termination happened shortly after you took or requested leave, that timing alone can support a claim.

Does my employer have to pay me during FMLA leave?

No, FMLA leave itself is unpaid. You may be able to use accrued sick time or vacation pay to cover part of the gap. California’s Paid Family Leave program can also provide partial wage replacement for qualifying reasons.

What if my employer says I was not eligible for FMLA leave?

Employers sometimes miscalculate the 1,250-hour or 50-employee threshold, intentionally or not, to avoid providing leave. Even if FMLA does not apply, California’s CFRA may still cover you since it applies to employers with five or more employees.

Can I sue if my job was given away while I was on leave?

Failing to reinstate you to the same or an equivalent position after qualifying leave can itself be a violation, separate from any retaliation claim. The employer must show the position was eliminated for reasons unrelated to your leave.

How much does it cost to hire an attorney for an FMLA case?

Shirazi Law Firm handles these cases on contingency, meaning there is no upfront cost and the firm advances case costs, so you pay nothing unless you recover.

Shirazi Law Firm, P.C.: Your California Employment Law Firm

Being denied leave, demoted, or pushed out after a medical or family leave request leaves you without income and without answers about your rights.

Emanuel Shirazi has handled hundreds of cases involving termination, demotion, reduced hours, and denied leave, and personally manages every case rather than handing it to another lawyer.

He represents employees exclusively and handles every case on contingency, with no upfront cost to you. Because FMLA and CFRA claims have strict filing deadlines, it helps to speak with an attorney as soon as possible after a violation. Contact our firm today.