Los Angeles FMLA Lawyer
Taking the leave you’re entitled to shouldn’t cost you your job. If you were denied medical or family leave, punished for taking it, or fired during or after it, federal and California law give you the right to fight back.
Attorney Sam Setyan represents employees only, never employers, and handles every case personally, from the first call to the final settlement or verdict.
- Free, confidential consultation
- No fee unless we win
- Employee-side attorneys
- Hablamos Español
Tell us what happened and we will call you back. Your information stays confidential.
No Win, No Fee. Submitting this form does not create an attorney-client relationship.
Recovered for fired employees
Recovered for sexual harassment survivors
Employment cases handled
Verdict against Costco Wholesale
California Employment Trial Attorney
“Nobody gets fired for taking leave. They get fired three weeks after they come back, for something nobody mentioned before. That gap is the case.” – Sam Setyan
Sam represents employees only and handles every case himself, from the first call through resolution. He has handled 500+ employment cases and won a federal jury verdict against Costco Wholesale. As a Los Angeles employment lawyer, Sam also handles wrongful termination, discrimination, and retaliation claims.
Your Rights Under the FMLA and the CFRA
The Family and Medical Leave Act (FMLA) is a federal law that offers certain protections to employees when they become ill or need to take care of a family member. Under this law, employers aren’t meant to fire you or otherwise penalize you for taking a qualifying unpaid sick leave. If your employer does take action against you for this protected activity, you may have a claim.
In California, state law under the California Family Rights Act (CFRA) also provides protections and kicks in even in some cases where the FMLA wouldn’t apply.
In both cases, employees sometimes believe that they don’t qualify for these protections. In many cases, they are wrong. In fact, it’s not uncommon for employees to have a claim under both of these laws if their leave, or request for leave, led to adverse actions from their employer. At Setyan Law APC, a Wrongful Termination and Sexual Harassment Lawyer, we offer free consultations to employees who are wronged by their employer. Call us today to speak with a Los Angeles FMLA attorney.
FMLA vs. CFRA: Which Medical Leave Law Covers You?
| Federal FMLA | California CFRA | |
|---|---|---|
| For the law to apply, the employer must have: | Private employers must generally have 50 or more employees in 20 or more workweeks. Public agencies and public and private elementary and secondary schools are covered regardless of employer size. | 5+ employees |
| For you to qualify, you must have worked at the company for: | 12 months and 1,250 hours during the 12 months before leave begins | 12 months and 1,250 hours during the 12 months before leave begins |
| Worksite minimum employee rule: | 50 employees within 75 miles | None |
| Amount of leave time available: | 12 workweeks per applicable 12-month period (up to 26 workweeks in a single 12-month period for military caregiver leave) | 12 workweeks per 12-month period |
| Qualifying family members include: | Spouse, child, or parent; for military caregiver leave, also the next of kin of a covered servicemember | Spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild, sibling, and a designated person |
In many cases, California law offers better options for employees facing adverse employment actions related to medical leave. For its designated-person provision, CFRA includes any individual related by blood or whose association with the employee is the equivalent of a family relationship. It also covers additional employers.
An important issue to note is that under CFRA, an employer may limit you to one designated person per 12-month period. You generally cannot take 12 weeks to care for a spouse and another 12 weeks to care for a parent during the same 12-month period.
What Are the Most Common FMLA and CFRA Violations?
Employers may violate the FMLA or the CFRA in various ways, with some being more obvious than others. A savvy but unethical employer will know they need to tread carefully if they intend to take action against someone for their decision to take a qualifying medical leave. Some examples of violations we might see include:
Your leave was denied
In this scenario, your circumstances warrant protections, and you should be able to take a leave for medical or caretaking reasons, but your employer denies the request. Sometimes, the employer may not outright deny your request, but instead may bury you in paperwork and make you jump through so many hoops that they might as well have denied your claim. While there might be some steps you need to take, like having a doctor support your need for medical leave, making it too difficult to comply or agreeing verbally but later treating your absence as unexcused may be violations.
You were punished for taking it
Retaliation for an employee taking a protected leave rarely looks like a firing. Instead, you may find that your role has shrunk since you returned. Perhaps you have less favorable hours, shorter or fewer shifts, or you’re quickly put on a performance plan after returning.
You were fired during or after your leave
In some cases, you might be terminated while out on leave or shortly after returning, often for a reason that appeared to have come from nowhere. Maybe you receive notice that your role is being cut because of shifting business needs, or you start to hear complaints about past conduct that never seemed to be an issue prior to going on leave.
In any of these cases, you’ll need evidence to help prove that your employer engaged in wrongful conduct and wasn’t just making decisions that are in the best interests of the business. We can help you understand what that evidence might look like.
Tell us what happened. The consultation is free and confidential, and you pay no fee unless we win.
Does FMLA or CFRA Pay You?
CFRA and FMLA protect your job, but they don’t provide wage-replacement benefits. Leave is generally unpaid, although you may be able to use accrued paid leave or qualify for other benefits. However, there are other ways to recover, including Paid Family Leave, which doesn’t protect your job, but can offer some income to you for up to 8 weeks in a 12-month period while you are caring for a family member, bonding with a new child, or for certain absences related to a family member’s deployment. Under the PFL, you may qualify for a minimum weekly benefit of $50 and a maximum of $1,765 per week. These numbers are sometimes updated, so be sure to check the Employment Development Department (EDD) site.
State Disability Insurance is a parallel program that can help if you are taking leave for a non-work-related illness or injury, pregnancy or childbirth. Most people will need both job protections and wage replacement. While these laws may apply in the same case, qualifying for one doesn’t guarantee that you will qualify for the other. For instance, being approved by the PFL doesn’t mean that being fired after returning from leave is necessarily a violation of the CFRA or FMLA.
Pregnancy Disability Leave: Four Months, Separate from CFRA
Another protection allows four months of leave for those experiencing a disability related to pregnancy and childbirth. Specifically, the statute says “a leave for a reasonable period of time not to exceed four months.” In other words, you aren’t guaranteed four months, but instead you could have up to four months.
Unlike the FMLA and the CFRA, pregnancy disability leave doesn’t require you to have worked 12 months and 1,250 hours to qualify. For employers with five or more employees, this law applies from your first day of work. If you qualify for this leave, your employer must maintain and pay for group health coverage during the up to four-month period.
Another thing to keep in mind is that the CFRA baby-bonding leave runs after PDL – they are stacked and do not run at the same time.
How Long Do I Have to Sue for an FMLA or CFRA Violation?
There are two time limits to keep track of: one for federal law and one for state law. Both deadlines generally run from the alleged violation, but the precise starting date may depend on the claim and circumstances.
The federal clock: 2 years
You must file your FMLA claim within two years from the last event that makes up the violation, or three if it was willful. There is no agency filing required first.
The state clock: 3 years to the CRD
CFRA is a part of FEHA, so your claim must pass through the Civil Rights Department first. You will need to file this claim within three years of the date you were last harmed. Note that you can request an immediate Right-to-Sue notice rather than waiting out an investigation.
Then 1 year to file suit
After filing the claim with the CRD and receiving a right-to-sue notice, you generally have one year to bring your lawsuit.
A few things to keep in mind:
Your federal claim could lapse while your state claim remains alive
The state claim is broader and may apply in cases where a federal claim would not
You can file both claims; you do not need to file just one
A state lawsuit may offer more compensation than a federal claim
Some claims have strict filing deadlines. Talk to an unlawful firing attorney now so you don’t lose your right to recover.
What Can You Recover in an FMLA or CFRA Lawsuit?
| Type of damages | Explanation |
|---|---|
| Lost wages and benefits | You may be able to recover for your back pay, lost health coverage and lost retirement contributions |
| Reinstatement | You might be able to get your job back, or the equivalent position you were entitled to on return |
| Emotional distress | The CFRA claim allows you to recover for the emotional harm you suffered, and those damages are not capped |
| Liquidated damages | In a federal FMLA claim, liquidated damages generally equal your recoverable monetary losses plus interest; a court may reduce this award if your employer proves it acted in good faith and had reasonable grounds to believe its conduct complied with the FMLA |
| Attorney’s fees | Reasonable attorney’s fees may be awarded under CFRA and generally must be awarded to a successful FMLA plaintiff in an action resulting in a judgment. |
Why Hire Setyan Law for Your Los Angeles FMLA Case
Sam Setyan takes employment law cases seriously – and he only represents employees. For Sam, these claims are personal. When you work with Setyan Law APC, a Wrongful Termination and Sexual Harassment Lawyer, you have someone by your side from start to finish. We try cases, and we don’t back down – no matter how big your employer may be.
In May 2026, we secured a unanimous 12–0 federal jury verdict in Talamantes v. Costco Wholesale Corporation, No. 24-cv-00789 (N.D. Cal.), $200,000 in damages. While past case results can’t guarantee future outcomes, we believe we’ve proven our dedication to our clients and our willingness to take on challenging cases and to see them through to the end.
Frequently Asked Questions About Medical and Family Leave
Will I get paid while I’m on leave?
Your employer won’t be required to pay you. CFRA and FMLA leave is unpaid. However, you may qualify for PFL or SDI through the EDD.
My employer has twenty people and told me FMLA doesn’t apply. Is that right?
The federal FMLA generally does not cover private employers with fewer than 50 employees, although public agencies and public and private elementary and secondary schools are covered regardless of size. However, California’s CFRA almost certainly does, as it covers employers with 5 or more employees. This is a common reason people who have a valid claim are wrongfully told they don’t qualify.
Can my employer fire me while I’m on medical leave?
Your employer cannot fire you for taking a qualifying medical leave. However, they can act on a genuine, independent reason to terminate your employment. Timing and a paper trail become extremely important in these cases.
What if they gave me my job back, but it isn’t the same job?
This can also be a violation. You’re entitled to the same or an equivalent position with comparable pay, duties, shifts and location.
I used all twelve weeks, and I’m still not able to work. Now what?
If your condition is a disability, FEHA can require additional leave as a reasonable accommodation. When an employer refuses to even discuss this, that may be its own separate violation.
Can I take leave to care for my grandmother?
Under California law, yes, grandparents, grandchildren, siblings, parents-in-law and a designated person of your choosing are all covered. The FMLA generally does not cover these relationships based solely on the family relationship (its in loco parentis rules may apply in particular circumstances).
Contact a Los Angeles FMLA Lawyer Today
If you believe that your employer violated the law by denying you medical leave, firing or penalizing you for taking leave, or otherwise took an adverse employment action against you that infringed on your legal rights, contact Setyan Law APC, a Wrongful Termination and Sexual Harassment Lawyer. We offer free, confidential consultations to prospective clients.
Call 213-618-3655 or contact us online to speak to a Los Angeles FMLA lawyer. No fee unless we win. Hablamos español.
Tell us what happened and we will call you back. Your information stays confidential.
No Win, No Fee. Submitting this form does not create an attorney-client relationship.
The information on this page is for general informational purposes only and is not legal advice. Prior results do not guarantee a similar outcome. Contacting Setyan Law does not create an attorney-client relationship.