Skip to main content

Medical Leave Violations Lawyer in California

Woman on peak of her preganancy still working.

If you were fired, demoted, or punished for taking protected leave, you may have a legal claim.

Key Points Summary :

  • Protected medical leave under FMLA, CFRA, and PDL

  • Common violations include retaliation, wrongful termination, and denial of legally-protected leave

  • Legal protections apply to pregnancy, serious health conditions, and family caregiving

  • Bibiyan Law offers contingency-based representation — you don’t pay unless we win

Your Right to Take Protected Medical Leave in California

Federal and California state laws make it illegal for employers to interfere with your right to take time off for medical or family reasons. Whether you’re recovering from surgery, supporting a loved one during a health crisis, or taking pregnancy-related leave, your job — and your dignity — are protected.

The key laws that protect workers include:

FMLA (Family and Medical Leave Act)

  • Applies to employers with 50 or more employees

  • Provides up to 12 weeks of unpaid, job-protected leave

  • Covers serious medical conditions, birth/adoption of a child, or caring for a family member

CFRA (California Family Rights Act)

  • Broader coverage: applies to employers with 5+ employees

  • Offers similar benefits to FMLA, but also includes leave to care for a domestic partner, grandparent, or sibling

Pregnancy Disability Leave (PDL)

  • Applies to pregnancy, childbirth, and related medical conditions

  • Provides up to 4 months of job-protected leave

  • Can be taken in addition to CFRA leave

These laws are not optional — they are enforceable rights. If your employer punished you for exercising them, you may have a valid claim.

What Does a Medical Leave Violation Look Like?

Many violations are subtle or disguised. Here are some common signs your rights may have been violated:

 

🔴 Fired While on Approved Leave

It’s illegal to terminate an employee simply because they are out on protected FMLA, CFRA, or PDL leave. Your job is supposed to be waiting for you when you return.

🔴 Denied Leave Despite Eligibility

Employers sometimes claim ignorance of the law or wrongly state you don’t qualify — even when you clearly do. If you’ve worked the required hours and your reason qualifies, denial could be unlawful.

🔴 Demoted or Replaced After Returning

Were you given a lower-paying role or excluded from important projects upon return? This is a classic form of retaliation.

🔴 Retaliation for Requesting Leave or Accommodations

Even requesting leave or medical accommodations can lead to retaliation — a violation of both leave laws and disability laws like the ADA and FEHA.

Do You Qualify for Legal Protection?

  • You may qualify under California or federal leave protections if:

    ✅ You’ve worked at least 1,250 hours in the past 12 months

    ✅ Your employer has 5+ employees (CFRA) or 50+ employees (FMLA)

    ✅ You’re dealing with a serious health condition — yours or a family member’s

    ✅ You’re pregnant or have recently given birth

    ✅ You need time off for bonding with a new child

    Even if your employer never told you about these rights, that’s not a valid excuse — it’s a legal problem.

Learn more: Wrongful Termination Lawyers Near Me

Why Choose Bibiyan Law Group for Your Leave Retaliation Case?

We know how to fight back when powerful companies take advantage of working people. Bibiyan Law Group, P.C. focuses exclusively on California employment law — including retaliation, wrongful termination, and leave violations.

💼 Deep Experience With Medical Leave & Retaliation Cases

We understand the nuances of both federal and California law — and we’ve helped hundreds of clients pursue justice when their leave rights were trampled.

🧠 Clear, Compassionate Legal Guidance

We believe every client deserves to understand their rights and options. We’re patient, thorough, and focused on getting results — not just quick settlements.

💸 No Upfront Costs – Ever

We work on a contingency basis, which means you pay nothing unless we win compensation for you.

🗣️ Bilingual Support

Our Spanish-speaking team members ensure that language is never a barrier to justice.

What Compensation Can You Recover?

If your employer violated your leave rights, you may be entitled to:

  • ✅ Lost wages and benefits

  • ✅ Future lost earnings

  • ✅ Emotional distress damages

  • ✅ Punitive damages (in egregious cases)

  • ✅ Attorney’s fees and legal costs

What Should You Do If You Suspect a Violation?

If your leave was denied, you were punished after requesting it, or you lost your job while caring for your health, time is critical. Most claims must be filed within one to three years, depending on the statute involved.

Steps you can take now:

Document everything — dates, emails, HR responses, medical paperwork.

Don’t quit — unless advised by a lawyer.

Contact an experienced medical leave violations attorney.

Bibiyan Law is here to guide you. We’ll listen, evaluate your case, and take action to defend your rights.

Get Help From a Trusted California Medical Leave Lawyer Today

Don’t let your employer get away with punishing you for protecting your health or your family. The law is clear — and we’re ready to enforce it on your behalf.

📞 +1 310-438-5555
 📝 Schedule My Free Consultation
 📍 Located in Los Angeles. Serving all of Southern California.

FAQs – Medical Leave Violation in California

No. Terminating someone for being on FMLA is illegal. However, employers sometimes create “pretext” reasons — a lawyer can help you prove retaliation.

You may still have legal protection. If your employer should have known your condition was serious, they may be held liable.

It varies — but successful claims often recover back pay, emotional damages, and even six-figure settlements in severe cases.