San Francisco Family and Medical Leave Attorneys
Skilled Family and Medical Leave Lawyers Serving San Francisco, CA
Advocating for Employees’ Family and Medical Leave Rights
The FMLA and CFRA provide most employees with the right to unpaid leave for serious health conditions, to care for a family member, or to bond with a newborn or adopted child, without fear of job loss or retaliation. However, disputes often arise when employers refuse to grant leave, demand excessive documentation, or penalize employees upon their return. At Lawless, Lawless & McGrath, we represent employees facing unlawful denial of leave, insufficient leave time, or adverse actions such as termination or demotion after taking protected leave.
Our compassionate yet strategic approach ensures we listen to your story and build a case tailored to your needs. Whether you’re seeking compensation for lost wages, emotional distress, or reinstatement, or pursuing workplace policy changes, we are dedicated to achieving meaningful outcomes. We help you navigate the complex and overlapping requirements of FMLA and CFRA to ensure your rights are fully protected.
Experienced Lawyers Handling Family and Medical Leave Cases
Lawless, Lawless & McGrath is a trusted name in employment law, with a strong focus on defending employees’ rights to family and medical leave. Founding partners Barbara A. Lawless and Therese M. Lawless bring decades of experience to every case. Barbara, recognized by Super Lawyers and the Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers, has a proven record in litigating employment claims. Therese, also recognized as a Super Lawyer and a member of the American Board of Trial Advocates with over 35 years of experience, excels in family leave and retaliation cases, delivering comprehensive representation.
Our team also includes Emily S. McGrath, who skillfully navigates complex leave and retaliation claims, and Sinclaire M. Parer, whose meticulous attention to detail strengthens our case preparation. Together, we have represented clients across industries, from healthcare to technology, ensuring employees denied their leave rights receive the justice they deserve. Our deep knowledge of employment law and commitment to client advocacy set us apart.
Why Choose Lawless, Lawless & McGrath?
Choosing the right attorney is critical in a family or medical leave case. At Lawless, Lawless & McGrath, we offer personalized attention, ensuring you feel supported throughout the process, unlike larger firms. Based in San Francisco, we have a thorough understanding of California’s employment laws and a robust network to investigate and litigate your case effectively. We generally operate on a contingency fee basis, meaning you pay no attorneys’ fees unless we recover compensation for you.
Our attorneys are skilled negotiators and seasoned trial lawyers, prepared to pursue your case through settlement or litigation. As active members of the California Employment Lawyers Association and with Barbara and Therese Lawless both serving as President of the San Francisco Trial Lawyers Association and Emily McGrath now serving on its Board, we stay at the forefront of evolving laws to provide cutting-edge representation. Our history of favorable outcomes reflects our dedication to fighting for our clients.
Types of Leave Discrimination We Address
Our firm handles a wide range of claims related to family and medical leave discrimination, including:
- Denial of Leave: Representing employees wrongfully denied leave under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA) for serious health conditions, bonding with a newborn or adopted child, or caring for a family member.
- Wrongful Termination: Addressing terminations due to taking or requesting protected family or medical leave, including maternity or paternity leave.
- Retaliation: Protecting employees penalized, demoted, or harassed for exercising their FMLA or CFRA rights, such as requesting leave to care for a spouse, child, or parent.
- Inadequate Leave Time: Advocating for employees whose employers fail to provide the full duration of leave entitled under FMLA or CFRA, such as for recovery from surgery or managing a chronic illness.
- Denial of Reinstatement: Fighting for employees denied their right to return to the same or equivalent position after taking protected leave, including cases involving maternity leave or care for an elderly parent.
Our Case Results
At Lawless, Lawless & McGrath, our success in family and medical leave cases underscores our commitment to justice. Below are examples of our significant verdicts and settlements:
- $950,000 Settlement – Disability/Family Leave: Retail company subjected employees to an abusive and hostile environment that caused employees to become ill and take medical leave. The company then retaliated against employees.
- $500,000 Settlement – Mental Disability: Company harassed, discriminated against, and failed to accommodate employee who was diagnosed with a mental disability.
- $450,000 Settlement – Sexual Orientation/Family Medical Leave: Gay employee was discriminated against based on sexual orientation and was retaliated against for exercising their right to take family leave.
These results highlight our ability to handle sensitive cases with care and tenacity. While past successes do not guarantee future outcomes, they demonstrate our dedication to securing justice for our clients.
Frequently Asked Questions
What types of leave are protected under FMLA and CFRA?
FMLA and CFRA protect unpaid leave for serious health conditions (yours or a family member’s), bonding with a newborn or adopted child, or caring for a spouse, child, or parent with a serious health condition. CFRA also covers leave for domestic partners in California.
Can my employer deny my leave request if I provide proper documentation?
Employers can request reasonable documentation (e.g., a doctor’s note), but they cannot deny valid leave requests that meet FMLA or CFRA eligibility criteria. If your request was unfairly denied, we can help assess your claim.
What should I do if I’m retaliated against for taking family or medical leave?
Document the retaliation (e.g., termination, demotion, or hostile treatment) and contact an attorney immediately. We can help you pursue remedies, including compensation or reinstatement, and protect you from further retaliation.
How much time do I have to file a claim for a leave-related violation?
For CFRA or FEHA violations in California, you typically have three years from the incident. FMLA claims may require filing with the Department of Labor within two years (or three for willful violations). Federal discrimination claims (e.g., via EEOC) often have 180–300 day deadlines. Contact us quickly to ensure compliance.
Contact a San Francisco Family and Medical Leave Lawyer for Support
At Lawless, Lawless & McGrath, we believe no one should face workplace consequences for exercising their family or medical leave rights. Our San Francisco team is here to guide you through every step, from consultation to resolution. We serve clients throughout California, including San Francisco, Oakland, San Jose, and surrounding areas. To discuss your case, call us at 415-391-7555 or contact us online for a confidential consultation.