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Seek the Counsel of a Family and Medical Leave Discrimination Lawyer


While there are differences between the California Family Rights Act (“CFRA”) and the Family and Medical Leave Act (“FMLA”), a qualified employee is generally entitled to take up to 12 weeks of unpaid leave from work per year:

  • For their own serious health condition that prevents them from doing their job; 
  • To care for a sick child, spouse, or parent with a serious health condition; or
  • To care for a newborn child, a newly adopted child, or a foster child.

In order to qualify, an employee has to have worked for an employer for at least 12 months and worked at least 1,250 hours during the past 12 months.  These laws only apply to employers who have at least 50 employees within a 75-mile radius of the employee’s worksite. 

A “serious health condition” is an injury, impairment, illness, physical or mental condition that requires: 

  • Inpatient care in a hospital, hospice, or residential medical care facility; or
  • Continuing treatment by a health care provider

There may also be an additional four months of leave available if an employee is disabled due to pregnancy, childbirth, or related medical conditions.

Employers are not allowed to discriminate against or harass an employee who has elected to take FMLA/CFRA leave.  An employer is also not allowed to prevent an employee from taking leave.

Contact a Dedicated California Employment Law Firm

ThybergLaw is located in the Roseville are and represents clients throughout California, including the cities of Roseville, Folsom, Sacramento, Lincoln, Auburn, El Dorado Hills, and the surrounding areas. Call ThybergLaw at 916.204.9173 or contact us online to schedule an appointment with a family and medical leave discrimination lawyer.

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