Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA)

Is your employer not allowing you time off to care for yourself or a loved one? Are you a new parent needing baby bonding time, but your employer is telling you that your unpaid leave time is up? Did your employer permanently fill your job position while you were out on leave?

You may be entitled to an unpaid leave of absence if you have worked for your employer for a total of 12 months and have worked 1,250 hours in the year prior to your request for leave. You must also have worked at a location where your employer had at least 50 employees within 75 miles of your work site.    Call our office or fill out the contact form for a free consultation with one of our experienced labor and employment law attorneys.


Q:    My employer is using some of my vacation or paid time off (PTO) days at the same time as my FMLA leave. Is this allowed?

A:    In many instances, yes. The time may run concurrent with vacation days, PTO, or your employer’s own leave policies. Each case is different, so contact us for an evaluation of your specific situation.

Q:    I went out on FMLA leave and my employer is not letting me come back to work until I am 100% better.  Is this allowed?

A:    Generally not, but it depends on many factors – including your job description and actual duties performed, as well as whether you can perform your job with or without accommodation.

Contact one of our experienced attorneys to discuss your particular situation.

“Disclaimer: The above is presented for informational purposes only, and should not be construed as legal advice. Every case has its own set of facts and needs to be evaluated individually. NSL Law Firm cannot guarantee the outcome of any case or claim. In order to receive professional legal advice, you must contact an attorney.”