Jump to Navigation

Orange County Family Medical Leave lawyers

You Have a Right to Take Family Medical Leave Without Retaliation

By federal and California law, workers employed by a business with more than 50 employees are entitled to take a leave of absence for personal family health reasons. Under provisions of the Family Medical Leave Act (FMLA), employees may be eligible for leave after working for their employer a minimum of 12 months and at least 1,250 hours. Additionally, regardless of the size of your employer or length of service, if you are pregnant, you are entitled to take leave due to pregnancy disability and to bond with your baby.

Not every employer is required to follow the regulations of the Family Medical Leave Act, but most businesses of any size in Southern California are included. If your employer meets the requirements, you qualify to take an unpaid leave of absence for any of the following reasons:

  • for the birth and care of the newborn child of an employee
  • for placement with the employee of a child for adoption or foster care
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition
  • to take medical leave when the employee is unable to work because of a serious health condition

Under provisions of the Family Medical Leave Act, upon return from your unpaid leave your employer must offer you the same job or comparable job responsibilities, including pay and benefits. If you have been denied family medical leave, or have lost earnings, responsibilities or your former job upon return from FMLA, your employer may be in violation of the law.

Free Initial Consultation | Se Habla Espanol | No Attorneys Fees Unless You Win

The employment litigation attorneys at Fernandez & Lauby LLP are recognized throughout Southern California for our aggressive representation of workers who have suffered injustice, discrimination and violations of their rights on the job. We are seasoned, knowledgeable trial attorneys who will work hard to mediate or litigate your case and help you recover your job and the compensation you are entitled to, including punitive damages.

Contingency fees: If your case has merit, we will represent you on a contingency basis. You won't pay attorneys fees unless we help you recover compensation for lost earnings and punitive damages that may be negotiated or assessed against your employer in a trial.

From our three convenient offices in Riverside, Palm Desert and Irvine, we represent clients in litigation matters relating to family medical leave throughout Southern California. Call us toll free at 888-959-8508 or contact us by e-mail today to arrange a free consultation with one of our lawyers.

Facebook Updates

A Focus on Excellence

We make it a priority to provide outstanding legal support, advice and representation for clients throughout Southern California. From class action litigation involving groups of employees to individual representation for one employee, we are focused on building strong solutions for clients.

Talk to us first. Call an office near you, or contact us by e-mail to arrange a consultation.

News & Features

Follow FernandezLauby on Twitter

--- Wednesday, June 20, 2018 ---

We just released a new article about The Cheesecake Factory being found partly liable in a multi-million dollar wage theft case.

--- Thursday, June 7, 2018 ---

Check out our new article discussing the importance of limiting the scope of employment law settlement agreements.

--- Wednesday, June 29, 2016 ---

We just released a new page detailing critical wage information for California truck drivers.

--- Thursday, June 9, 2016 ---

Check out a new short article by Fernandez & Lauby regarding paid vacation benefits.

More News

Do You Have a Case?

Bold labels are required.


The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.



4590 Allstate Drive
Riverside, CA 92501
Phone: 951-320-1444 Toll Free: 888-959-8508
Fax: 951-320-1445
Current Clients: 951-320-1444
Map and Directions

7700 Irvine Center Dr, Ste 800
Irvine, CA 92618
Phone: 949-788-2905
Toll Free: 888-959-8508
Fax: 951-320-1445
Map and Directions

41593 Winchester Rd, Ste 200
Temecula, CA 92590
Phone: (951) 375-4630
Toll Free: 888-959-8508
Fax: 951-320-1445
Map and Directions