Medical leave, pregnancy, and disability lawyer for California, Nevada, and Washington employees

Denied leave, fired while out, or refused an accommodation for a disability or pregnancy? Freiman Legal represents employees in leave and disability cases in California, Nevada, and Washington. Call (310) 917-1004 or email lawrence@freimanlegal.com for a free consultation.

Your leave rights

Federal FMLA. Employees who have worked for the employer for at least 12 months and at least 1,250 hours in the prior year, at a worksite where the employer has 50 or more employees within 75 miles, are entitled to up to 12 workweeks of unpaid, job-protected leave in a 12-month period for their own serious health condition, to care for a family member, or for the birth or placement of a child.

California CFRA. The California Family Rights Act applies to employers with five or more employees. An employee with more than 12 months of service and at least 1,250 hours in the prior 12 months may take up to 12 workweeks of leave in a 12-month period, with a guarantee of the same or a comparable position on return. California also provides separate pregnancy disability leave of up to four months, in addition to CFRA leave, and paid family leave benefits through the state.

Washington. Washington has its own family leave law and a state paid family and medical leave program. Washington's leave law prohibits interference with leave rights and retaliation for exercising them, with damages, liquidated damages, and attorney's fees for violations.

Nevada. Nevada follows federal leave law and prohibits discrimination because of disability and sex, which includes pregnancy.

Disability and reasonable accommodation

Disability discrimination law requires more than not firing someone for a disability. It requires the employer to engage in a good-faith interactive process and to provide a reasonable accommodation unless doing so would cause undue hardship. Accommodations include modified duties, a modified schedule, equipment, a transfer to an open position, and, often, additional leave after other leave runs out.

California's definition of disability is broad. It covers physical and mental conditions that limit a major life activity, without the federal requirement that the limitation be substantial, and it covers conditions the employer perceives you to have. Pregnancy, childbirth, and related conditions get their own protections.

What violations look like

Leave denied because the employer "cannot cover the shift."
Termination while on leave, or within days of returning, for a reason that appeared only after the leave request.
A position "eliminated" during leave and reposted under a new title.
A doctor's note treated as a resignation.
An accommodation request met with silence, or with a demand for medical details the employer has no right to.
Being told to come back at full duty or not at all.
Attendance points assessed for protected absences.

What you can recover

Lost wages and benefits, reinstatement or front pay, emotional distress damages, liquidated damages under the leave statutes, punitive damages in cases of malice, and attorney's fees.

Deadlines

Disability and pregnancy discrimination claims follow the discrimination deadlines: three years to file with California's Civil Rights Department, 300 days in Nevada, six months with Washington's commission and one year for pregnancy discrimination, and 300 days for an EEOC charge. Leave interference claims have their own limits, generally two years and three for willful violations under federal law. Call early.

How we work these cases

The medical records establish the condition; the employer's records establish what it knew and when. We obtain both, line up the leave request, the certification, the employer's response, and the adverse action, and we look at how the employer treated other employees who took leave. These cases often resolve once the employer's own leave file is examined.

Questions people ask

I used all my FMLA leave and was fired when I could not return. Is that legal? Not automatically. In California, additional leave can be a reasonable accommodation under disability law even after FMLA and CFRA leave are exhausted.

My employer is too small for FMLA. CFRA applies at five employees in California, and disability accommodation law applies at five as well.

I did not tell my employer the diagnosis. You do not have to. The employer is entitled to know you have a condition that requires leave or accommodation and what the limitations are, not the diagnosis.

Can I be required to use vacation during leave? Employers can often require substitution of paid leave for unpaid leave. That does not shorten the job protection.

Discrimination | Wrongful termination | Retaliation | All employee claims | Lawyers: refer a case

Call (310) 917-1004 or email lawrence@freimanlegal.com. We reply within one business day. Please do not send confidential information until we have agreed in writing to represent you.

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