# Job Termination Family Medical Leave Examples Attorney > Family medical leave (CFRA, FMLA), includes time off for your health condition or your family including grandparents Source: https://employeelawca.com/job-termination-family-medical-leave/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Los Angeles County, California. Phone: (323) 525-1600 (calling is the fastest way to reach the legal team) Office: 13418 Ventura Blvd, Sherman Oaks, CA 91423 Contact form: https://employeelawca.com/contact/ Consultations are free and confidential; cases are taken on contingency. --- A job termination due to the taking of [Family Medical Leave](https://employeelawca.com/los-angeles-employment-labor-law-news/), or a failure grant an employee Family Medical Leave is especially stressful and inopportune given the employee's serious medical problems necessitating Family Medical Leave, or the serious medical problems of the person the employee must take Family Medical Leave to care for. We would welcome the opportunity to represent you in a legal case if you were terminated from your job for taking Family Medical Leave, or your employer failed to reinstate you after you took Family Medical Leave. **Call (323) 525-1600 to speak to our Family Medical Leave Act lawyers.** ### The California Family Rights Leave Act (CFRA) and the Federal Family Medical Leave Act (FMLA) are very similar. ## Major differences between the California Family Rights Leave Act and Family Medical Leave Act are: 1. Emotional distress can be recovered under the California version of the Family Medical Leave Act, but not the Federal Family Medical Leave Act. 2. For the California Family Rights Leave Act an employee must first file administrative charges with the Department of Fair Housing and Employment (DFEH), but filing with the federal equivalent, the EEOC is not required under the Federal Family Medical Leave Act. 3. The period of time in which to pursue a Federal Family Medical Leave case is longer than the period of time in which to pursue a California Family Rights Leave case ## Legal matters involving job terminations because of Family Medical Leave Act issues often occur when: 1. **The employer fails to reinstate the employee to their job after they took Family Medical Leave** 2. **The employer claims it was legally justified in firing the employee because the employee exhausted the amount of time allowed off under the Family Medical Leave Act, but the employee's medical condition qualified as a disability, or they were entitled to more than twelve weeks off because their absence was wholly or partially due to their pregnancy** 3. **The employer gave the employee's job away at some point when the employee was off on Family Medical Leave** 4. **The employer tires of intermittent Family Medical Leave absences and fires the Employee** 5. **The employer finds it convenient to layoff employees whom are on a medical leave, including Family Medical Leave** ## What Employees Are Eligible For Family Medical Leave? Once again, the California version of the Federal Family Medical Leave Act is called the California Family Leave Rights Act and abbreviated, “CFRA.” For further research on the CFRA, see California Government Code Section 12945.2. ## Both the Federal Family Medical Leave Act, abbreviated, “FMLA” and the California Act apply to: 1. Employees whom have worked for their employer more than 1,250 hours during the last twelve months 2. Employees whom are employed by employers with 50 or more employees 3. Employees not in the top 10% of the wage earners at the employer 4. The employee is absent due to a serious medical condition 5. The employee takes less than twelve weeks of leave during a calendar year All of the above prerequisites for CFRA/FMLA can be waived by the employer. There are some employers of less than fifty or five employees whom provide [CFRA/FMLA](https://employeelawca.com/baby-bonding-lawyer/) coverage to their employees. There are also some employers whom allow employees to take more than twelve weeks for CFRA/FMLA leave and/or they include baby bonding in their CFRA/FMLA coverage. Certainly, an employee should not count on any of these rare exceptions being made to what the California Family Rights Leave Act or Family Medical Leave Act covers. ## Common issues that arise in CFRA/FMLA cases: 1. **The legitimacy of employers requiring recertifications for medical conditions entitling employees to CFRA/FMLA leave** 2. **The legitimacy of the employer asking for second opinions about treatments, causes, and probable durations of CFRA/FMLA leaves** 3. **Employers claiming they never received oral or written notice of the employee's need for a leave qualifying as CFRA/FMLA leave** 4. **Whether the employee must provide reasonable notice of the CFRA/FMLA leave** 5. **Absences to provide mere moral support to seriously ill family members, but not take care of them** 6. **Whether an employer forcing an employee to take vacation pay or PTO pay opposed to formally making a request for CFRA/FMLA leave makes a legal difference** 7. **Employees whom may have a somewhat serious medical conditions, but whom fail to get enough medical treatment to qualify for CFRA/FMLA leave** 8. **Employees not reinstated to a comparable position at their job after CFRA/FMLA leave** Regardless of the employer's excuse for your job termination, we would like to speak to you if you feel your CFRA/FMLA rights were violated. Our experience in CFRA/FMLA cases include multiple won binding arbitrations and jury trials in which Family Medical Leave/California Family Rights Leave Act Rights were involved. We have also settled hundreds of cases involving the failure to grant and/or loss of employment due to the exercise of Family Medical Leave/California Family Rights Leaves. ## Sample California Family Rights/Family Medical Leave Act Case Results of the Employment Lawyers Group: 1. **[MYLES V. WELL BINDING ARBITRATION AWARD](https://employeelawca.com/myles-v-wellpoint/)** 2. Win of a binding arbitration involving a job termination due to Family Medical Leave Rights 3. **$159,660 settlement in 2014 dollars for failure to allow both FMLA and Pregnancy Leave of a Mission Hills Woman** 4. **$142,000 settlement in 2014 dollars for a Panorama City saleswoman fired over a CFRA/FMLA leave** 5. **$112,863 settlement in 2014 dollars for a Wilmington forklift driver fired due to FMLA leave** In Los Angeles County we have offices in downtown Los Angeles, Gardena, and Sherman Oaks. We also have offices in Ontario, [Torrance](https://jobterminationlaw.com), Tustin, [Riverside](https://riversideemploymentlawyer.com/), San Diego, Oxnard, [Bakersfield](https://bakersfieldlaborattorney.com/), San Francisco, and Sacramento. All of our employment cases are handled by firm founder, Karl Gerber, and one of our long term staff attorneys. **Call (323) 525-1600 for a dedicated, experienced Family Medical Leave Act lawyer who will take your case on a contingency.** ## Our Firm: No Upfront Fees or Costs ### Contingency Fee Representation All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee. ### Serving Los Angeles County We have proudly served all of Los Angeles County since 1993. Ready to discuss your case? (323) 525-1600 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results breach of commission contract $1,150,000 Unpaid commissions of two plaintiffs unpaid wages $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000 Controlled stand by class action settlement Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case. ## Practice Areas [Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://employeelawca.com/discrimination-lawyer-in-los-angeles/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://employeelawca.com/unpaid-wages/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://employeelawca.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://employeelawca.com/wrongful-termination/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://employeelawca.com/absences/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://employeelawca.com/los-angeles-financial-whistleblower/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. Vineyard Ave, #400, Ontario CA 91764 [(909) 663-2100](tel:9096632100) ### San Diego [SanDiegoEmployeeLawyer.com](https://sandiegoemployeelawyer.com) 330 "A" St, #60, San Diego CA 92101 [(619) 320-3000](tel:6193203000) ### San Francisco / Bay Area [BayAreaEmploymentAttorney.net](https://bayareaemploymentattorney.net) 524 Union St, #400, San Francisco CA 94133 [(877) 525-0700](tel:8775250700) ### San Jose / Silicon Valley [SiValleyLaborLawyer.com](https://sivalleylaborlawyer.com) 111 N. Market St, #300, San Jose CA 95113 [(877) 525-0700](tel:8775250700) ### Sherman Oaks [WorkLawyerCA.com](https://worklawyerca.com) 13418 Ventura Blvd, Sherman Oaks CA 91423 [(818) 783-7300](tel:8187837300) ### Torrance / South Bay [JobTerminationLaw.com](https://jobterminationlaw.com/) 3655 Torrance Blvd, 3rd Floor, Torrance CA 90503 [(310) 842-8600](tel:3108428600) ### Ventura / Oxnard [VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com) 4030 West Hemlock St, Oxnard CA 93035 [(805) 200-0100](tel:8052000100) ### Additional Sites [BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org) ## About Firm Founder, Karl Gerber Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California. Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation. The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://employeelawca.com/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (323) 525-1600 Now](tel:3235251600)