Livermore FMLA Lawyer
FMLA Attorney in Livermore, CA
The Family and Medical Leave Act (FMLA) is a federal law that guarantees eligible employees unpaid, job-protected leave for qualifying health or family needs. Under FMLA, you do not have to fear losing your job or your group health insurance coverage when taking leave. If you have experienced discrimination, retaliation, or other problems when taking FMLA, you may need the assistance of a Livermore FMLA lawyer.
Hire an FMLA Lawyer
Our team at Valerian Law, P.C., believes in inclusivity, empathy, and accountability when representing your interests and rights during an FMLA dispute. When you hire an FMLA lawyer, you need someone who takes the time to listen to your needs and can communicate openly. Mutual respect and teamwork are pillars of our practice and just a part of how we approach every client.
FMLA Usage in the United States
According to the National Partnership for Women & Families, during 2025, more than 15 million workers used FMLA leave roughly 566 million times. Of workers who used FMLA leave, the length of the leave was two weeks or less for 40% of cases and eight weeks or less for 75% of cases. FMLA leave was used for several reasons, including:
- 51.5% for the worker’s own health condition
- 20.8% to bond with a newborn, adopted child, or foster child
- 20.8% to care for an adult family member
- 5.8% to care for a child
If you work in Livermore and have experienced problems using your FMLA leave, your case could be heard in either state or federal court. Claims based on state law are heard by the Alameda Superior Court at the Rene C. Davidson Alameda County Courthouse in Oakland. Federal cases are heard by the United States District Court for the Northern District of California at the Ronald V. Dellums Federal Building and U.S. Courthouse in Oakland.
FMLA Eligibility
To use FMLA leave, your employer has to be eligible. Employers who are covered under FMLA are required to provide employees with a general notice of their FMLA rights. Covered employers include:
- Private sector employers who employ 50 or more employees for 20 or more workweeks during the current or previous calendar year.
- Public agencies are covered regardless of how many employees they employ.
- Federal employees are covered if they work for the United States Post Office, Postal Regulatory Commission, Federal Aviation Administration, or the judicial branch of the U.S. government.
- School employees are covered regardless of the number of people employed by the school. This includes public and private elementary and secondary schools and public-school boards.
Applying for FMLA in California
If your employer is covered under FMLA, there are steps you have to take as an employee to request FMLA leave. These steps may vary with the specific circumstances of your leave and your employer, but in general, you should:
- Follow the normal process used by your employer for requesting leave.
- If you know you need to use FMLA, provide notice to your employer at least 30 days before your leave starts.
- If you are unsure when your leave would start, such as for the birth of a baby, communicate with your employer to create a plan for your leave.
- For unforeseeable circumstances, contact your employer as soon as you know you are going to need FMLA leave.
- If your employer requires medical certification, follow the procedure to complete the certification and submit it to your employer.
FAQs
FAQS DISCLAIMER
The questions and answers presented in the FAQ are not intended to be exhaustive and do not constitute legal advice for your particular question, issue, or concern, nor does this FAQ create any attorney-client relationship or duty on our part to assist you. The information may help you think about your issues and ask the right questions if you choose to consult with an attorney.
What Is Covered Under FMLA in California?
In California, FMLA leave can be used for several different reasons. If you or a covered family member is sick or injured, you can take leave to care for them or yourself. You can also take leave to care for a newborn or to bond with a child who is being adopted or fostered. Leave can also be used when a covered family member is a service member who is being deployed to a foreign country.
Can My FMLA Request Be Denied?
Yes, your FMLA request can be denied. One common reason for a denial is when you have not worked for your current employer for a full 12 months, or you worked less than the required 1,250 hours during the previous year. You can also be denied if the reason for the request is not covered under FMLA protections, or if you failed to provide proper notice or documentation to your employer.
Is My Employer Required to Pay Me While I Am on FMLA Leave?
Leave guaranteed under FMLA is non-paid leave, but some employers have options that would allow you to be paid during your FMLA leave. If you have paid sick leave or personal leave, many employers give you the option to use these types of leave during your FMLA leave. Some employers have requirements that any paid leave you have accrued has to be used during your FMLA leave.
How Far in Advance Should I Apply for FMLA Leave in California?
In California, you should apply for FMLA leave at least 30 days in advance if possible. For foreseeable situations, such as adoption, a 30-day notice is required by the U.S. Department of Labor when requesting FMLA leave. For more sudden needs, such as an illness or injury, you should provide as much notice as possible. Your employer may require medical certification to be completed within a few weeks of taking FMLA leave.
What Is the Difference Between FMLA and CFRA?
FMLA is a federal program that guarantees unpaid leave for employees of businesses with 50 or more employees, while CFRA is the California Family Rights Act, which also provides guaranteed unpaid leave but applies to employers in California with five or more employees.
The CFRA also uses a broader definition of family, which includes grandparents, grandchildren, siblings, and domestic partners. Also, FMLA includes pregnancy coverage, while CFRA does not.
Contact Valerian Law, P.C.
An FMLA case in Livemore can take months to years before compensation is awarded. We work with you every step of the process so you stay well-informed and your interests are respected. When you have faced difficulties using your protected FMLA leave, you may feel overwhelmed and unsure how you are going to provide for your family moving forward. Contact Valerian Law, P.C. today to schedule your initial consultation.
