Yes. If you work in Inglewood and your employer denied, discouraged or punished you for taking leave protected by the federal Family and Medical Leave Act (FMLA), you may have a claim. The law lets eligible employees file a complaint with the Secretary of Labor or bring a private civil action in federal or state court. Whether your situation qualifies depends on your employer’s size, your work history and the specific facts. California’s own leave law, the California Family Rights Act (CFRA), often applies alongside it.
This article is general education, not legal advice. Employment cases are fact-specific, and outcomes vary.
TL;DR
- The FMLA protects eligible employees: 12 months with the employer, 1,250 hours in the past 12 months, and a worksite with at least 50 employees within 75 miles.
- Violations include interference (denying or discouraging leave) and retaliation (punishing you for using or asking for it).
- California’s CFRA reaches smaller employers and more family members, so you may have rights under both laws.
- FMLA lawsuits generally must be filed within two years of the last alleged violation, or three years if it was willful. CRD complaints generally have a three-year window.
- Remedies can include lost pay and benefits, other actual monetary losses, interest, liquidated damages, attorney fees and costs, and reinstatement or other equitable relief.
Table of Contents
- Who can claim FMLA rights in Inglewood
- What counts as an FMLA violation
- How the FMLA and CFRA differ in California
- Can you use sick leave or vacation during FMLA leave?
- What a claim may recover
- Information that is often relevant to a claim
- Deadlines and where to file
- Our perspective
- Talk with an Inglewood employment attorney
- FAQ
- Sources
Who can claim FMLA rights in Inglewood
The FMLA is a federal law, so Inglewood workers have no special local version of it. The same rules apply to an employee at a company near Hollywood Park as to one anywhere else in the country.
According to the U.S. Department of Labor, an employee qualifies when they:
- have worked for a covered employer for 12 months,
- have 1,250 hours of service in the preceding 12 months, and
- work where the employer has at least 50 employees within 75 miles.
Covered employers include private employers with 50 or more employees for at least 20 workweeks in the current or preceding calendar year, public agencies, and local educational agencies. That last group matters in a city like Inglewood, where many people work for schools, city or county agencies and other public employers.
If you do not meet these tests, you are not necessarily out of options. Nothing in the FMLA prevents an employer from providing greater protections or more leave than the law requires, and California law may cover you even where the federal law does not (more on that below).
What counts as an FMLA violation
FMLA violations generally fall into two buckets. The distinction matters because the two types of claim can be proven differently.
Interference
The FMLA prohibits employers from interfering with, restraining, or denying the exercise of FMLA rights. The Department of Labor lists conduct such as:
- refusing to authorize leave you are entitled to,
- discouraging you from using leave,
- manipulating work hours to avoid FMLA responsibilities, and
- using leave as a negative factor in employment actions.
Attendance policies are a common source of disputes. Under the Department of Labor’s guidance, FMLA leave cannot be counted against an employee under no-fault attendance policies, and an employer must remove points assessed for FMLA-protected absences.
Interference can also be quieter than an outright denial. A supervisor who makes you feel that taking leave will cost you your standing, or who pressures you to come back early, may be doing something the law addresses. Whether a particular comment or practice crosses the line depends on the facts.
Retaliation
The FMLA also prohibits discriminating or retaliating against an employee or prospective employee for exercising or attempting to exercise those rights. It protects people who oppose or complain about an unlawful FMLA practice, too. Employers also may not retaliate against people for participating in FMLA proceedings.
Examples that may raise retaliation questions include:
- a demotion, reduced hours or a poor review soon after you return from leave,
- termination shortly after you request or take leave, and
- negative treatment after you question how your leave was handled.
Retaliation protection does not depend on whether a manager personally approved the leave. Once an employee has submitted a proper request for CFRA leave, the employer is treated as knowing that the CFRA protects those absences.
Timing alone does not decide a case, and employers often point to other reasons. Courts have drawn lines here. One federal appeals court, the Seventh Circuit, held that interference requires proof that a benefit was denied, while retaliation requires proof of discriminatory or retaliatory intent. The same decision said an employer need not conclusively prove FMLA abuse to discipline an employee, because an honest suspicion can be enough. That court does not govern California, but the decision shows how closely these claims turn on the details.
Waivers and severance agreements
If you are offered a separation agreement, the FMLA has a specific rule. Employees cannot waive, and employers may not induce employees to waive, prospective FMLA rights. Past FMLA claims, however, may be settled without Department of Labor or court approval. A release you sign can therefore affect claims you already have. Before signing a severance or separation agreement, it is reasonable to have an employment attorney review it.
How the FMLA and CFRA differ in California
Most Inglewood employees should think about both laws. The California Civil Rights Department (CRD) explains that the CFRA covers leave to care for a child, spouse, domestic partner, parent, grandparent, grandchild, or sibling. It also notes that CFRA leave is counted separately from FMLA leave taken for pregnancy disability, childbirth or related medical conditions.
The difference in employer size is significant. The CRD states that the CFRA generally applies to employers with 5 or more employees, far below the FMLA’s 50-employee threshold. An Inglewood worker at a small business may have no FMLA rights but still have CFRA rights.
| Feature | FMLA (federal) | CFRA (California) |
|---|---|---|
| Employer size | At least 50 employees within 75 miles of the worksite | Generally 5 or more employees |
| Service requirement | 12 months and 1,250 hours in the past 12 months | 12 months of service and 1,250 hours in the previous 12 months, with no 75-mile worksite requirement |
| Family members covered | Spouse, child and parent | Includes grandparents, grandchildren, siblings and domestic partners |
| Enforcement | Department of Labor complaint or court action | CRD complaint, then court |
Because the two laws overlap, a single leave dispute can involve claims under both. The CRD also administers claims involving disability and pregnancy, and leave problems often connect to accommodation issues. If your employer refused adjustments tied to a medical condition, our article on failure-to-accommodate claims under FEHA explains that related area.
Can you use sick leave or vacation during FMLA leave?
Yes, in many cases. The CRD says employees may use accrued vacation, sick leave or paid time off during leave, and an employer may require this during unpaid leave. There is a California-specific exception: for CFRA leave for your own condition, an employer may not require use of accrued vacation or sick time while you receive State Disability Insurance.
Pay during leave can come from several places. According to the CRD, employees may be paid if their employer pays employees on leave, if they use accrued paid time off, or if they qualify for State Disability Insurance or Paid Family Leave through the EDD. Questions about benefit amounts are best directed to the EDD or a financial professional, since this article does not give financial advice.
What a claim may recover
The federal regulations describe what may be available when an employer violates FMLA rights. Under the FMLA and its regulations, remedies may include:
- lost compensation and benefits,
- other actual monetary losses directly resulting from the violation, and
- equitable or other relief, including employment, reinstatement or promotion.
- interest on the damages awarded,
- liquidated damages in an additional amount equal to the lost wages, benefits and interest, unless the court finds the employer acted in good faith and had reasonable grounds to believe it was not violating the law, and
- reasonable attorney fees, expert witness fees and other costs of suit for a prevailing employee.
Emotional distress damages are generally not recoverable under the FMLA. Claims brought under California law, including the CFRA, may provide different remedies, which is one reason an attorney will usually evaluate both laws together.
You may see online figures for an “average settlement” in FMLA cases. No average can tell you what your case is worth. Amounts depend on your wages, how long you were out of work, what the evidence shows and many other factors, and no attorney can honestly guarantee a result.
California courts have applied these principles in leave cases. In Moore v. Regents of University of California (2016) 248 Cal.App.4th 216, the Court of Appeal explained that a CFRA interference claim requires only that the employee was entitled to CFRA leave and that the employer interfered with or denied that right, while CFRA retaliation claims use the same burden-shifting analysis as FEHA claims. In Neisendorf v. Levi Strauss & Co. (2006) 143 Cal.App.4th 509, the court stated that an employee who takes CFRA leave is guaranteed that taking leave will not result in a loss of job security or other adverse employment actions. The same court also recognized that an employer with a lawful reason unrelated to the leave may defeat a retaliation claim, which is why the facts of each case matter.
Information that is often relevant to a claim
If you believe your rights were violated, certain kinds of information are commonly relevant to an attorney’s review. This is a general list, not a legal strategy:
- the dates you requested leave and any written responses,
- paperwork from your health care provider or about family care,
- the attendance, discipline or performance policies your employer uses,
- records of any discipline, schedule change or termination, with dates, and
- the names of people who handled or knew about your request.
Our article on preserving workplace claims addresses record-keeping in the harassment context, and the same general idea applies to leave disputes: clear, dated information helps an attorney evaluate what happened.
Deadlines and where to file
Time limits apply, and they differ depending on the law.
- FMLA: According to the Department of Labor, lawsuits generally must be filed within two years after the last alleged violation, or three years if it was willful, in federal or state court. You can also file a complaint with the Secretary of Labor.
- CFRA and other California discrimination claims: In general, complaints must be filed with the CRD within three years from the date the alleged discriminatory act occurred.
- Going to court under California law: Before filing a CFRA or other California employment discrimination lawsuit in court, you generally must first file a complaint with the CRD and obtain a right-to-sue notice. You may request an immediate right-to-sue notice when filing.
These are general rules. Specific facts can change which deadline applies, and missing a deadline can bar a claim, so it is wise to speak with an attorney sooner rather than later. For a broader look at how a case moves through the courts, see our employment lawsuit process overview.
Our perspective
Leave disputes are rarely about one bad decision. More often they are about a pattern: a request that went unanswered, a supervisor who made leave feel costly, a write-up that appeared after a return to work. When someone is dealing with a health condition or a family need, that pattern can be hard to see from the inside.
We represent California employees exclusively, and our attorneys include lawyers with prior employer-side experience. In our view, that background helps us understand how employers document and defend their decisions, and it informs how we evaluate whether a leave claim is worth pursuing.
Many Inglewood employees assume that because their employer is small, or because they have not worked there long, they have no protection. That is not always true. California’s CFRA and FEHA can reach situations that federal law does not, and a careful review of the facts is the only way to know.
We handle these matters on a contingency fee basis, which means you pay no attorney fees unless we obtain a recovery for you through a settlement or judgment. Whether you may be responsible for case costs depends on the terms of your written fee agreement, and we explain those terms before you decide to hire us.
California United Law Group
Talk with an Inglewood employment attorney
If you took or requested leave and then faced discipline, a demotion or termination, a conversation with a lawyer can clarify where you stand. We offer free consultations and case evaluations, and our attorneys focus on California employment law for employees, including wrongful termination, retaliation and leave-related disputes. A consultation does not by itself create an attorney-client relationship.
👉 Learn more about our Inglewood employment lawyers or contact our team to discuss your situation.
FAQ
Can I sue my employer for an FMLA violation?
You may be able to. The FMLA allows eligible employees to bring a private civil action in federal or state court, or to file a complaint with the Secretary of Labor. Whether you have a viable claim depends on your eligibility, your employer’s coverage and what happened.
Can I be fired while on FMLA leave?
Termination is not automatically unlawful, but an employer may not use FMLA leave as a negative factor in employment decisions or retaliate against you for taking it. An employer that ends your employment must have a lawful reason unrelated to your leave. If you were let go during or soon after leave, the reason given and the timing are the details an attorney would examine.
What is the difference between CFRA and FMLA?
The CFRA is California’s law and generally applies to employers with 5 or more employees, while the FMLA generally requires 50 employees within 75 miles. The CFRA also covers a broader set of family members, including grandparents, grandchildren and siblings. Many employees have rights under both.
Does my employer have to count my sick days against me?
FMLA leave cannot be counted against you under a no-fault attendance policy, and the employer must remove points assessed for FMLA-protected absences. You may still be asked to use accrued paid leave during unpaid leave, subject to California exceptions such as those involving State Disability Insurance.
How long do I have to file an FMLA claim?
FMLA lawsuits generally must be filed within two years of the last alleged violation, or three years if it was willful. California CRD complaints generally have a three-year window. You generally need a CRD right-to-sue notice before filing a CFRA lawsuit in court. Because individual facts can change the deadline, ask an attorney about your specific dates.
Sources
- Family and Medical Leave Act, U.S. Department of Labor
- elaws FMLA Advisor: Overview
- elaws FMLA Advisor: Enforcement
- Fact Sheet #77B: Protection for Individuals under the FMLA
- Fact Sheet #28A: Employee Protections under the FMLA
- Family and Medical Leave Act (Department of Labor, 2025)
- 29 CFR 825.220, eCFR
- Seventh Circuit opinion, GovInfo
- Employment, California Civil Rights Department
- Family Care Medical Leave Guide, California Civil Rights Department
