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Orange County FMLA Law Violations Lawyer

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees up to 12 weeks of unpaid leave per year for specific medical and family reasons, such as caring for a newborn or a seriously ill family member. The law also requires employers to maintain the employee’s health benefits during the leave period.

If you believe your employer unlawfully denied your FMLA leave, you may be entitled to reinstatement, back pay, and other damages. In addition, your employer could face civil lawsuits and fines and penalties imposed by government agencies.

At MJB Law Group, our Tustin employment attorneys can help you after your FMLA is unfairly denied. We know how devastating it can be to be mistreated at work and denied your rights. That’s why we work tirelessly for our clients, to help them secure justice and obtain the compensation they deserve.

Covered and Eligible Employees in California

Employers who employ 50 or more employees for at least 20 work weeks in the current or preceding calendar year must comply with the Family and Medical Leave Act. This includes public agencies and private-sector employers. In addition, the FMLA covers all elementary and secondary schools, regardless of the number of employees they have.

To be eligible for FMLA protection, you must work for a covered employer for at least 12 months, have worked at least 1,250 hours during the 12 months before taking leave. You must also work at a location where the employer has at least 50 employees within a 75-mile radius.

Employees who meet these eligibility requirements are entitled to up to 12 weeks of unpaid leave per year for certain medical and family reasons.

In California, the FMLA is supplemented by the California Family Rights Act (CFRA), which provides similar protections but applies to employers with at least 5 employees. The CFRA also covers registered domestic partners, the serious health condition of the employee’s child, parent, or domestic partner, and the conditions covered under FMLA.

It’s important to note that some employees may be eligible for both FMLA and CFRA leave, and in such cases, the leave taken under one law may count against the leave entitlement under the other law. Employers in California should ensure that they comply with both FMLA and CFRA requirements to avoid potential legal liability.

Types of FMLA Violations

At MJB Law Group, we help employees obtain the benefits they deserve while protecting their rights under California law. Our attorneys have experience handling cases involving a wide range of FMLA violations, including:

  • Unlawful Denial of FMLA Leave. This occurs when an eligible employee requests FMLA leave for a qualifying reason, and the employer denies the request. Denial of leave can take many forms, including requiring the employee to use vacation time or sick leave instead of FMLA leave or simply refusing to grant the request altogether.
  • Retaliation For Taking FMLA Leave. Employers are prohibited from retaliating against employees who take FMLA leave. Retaliation can take many forms, including termination, demotion, harassment, or other adverse employment actions.
  • Interference With FMLA Rights: Employers may not discourage an employee from taking leave or interfere with their ability to return to work. It is also against the law to give the employee a negative performance review or other adverse action because the took leave.
  • Failure to Provide Notice: Employers must notify their employees of their FMLA eligibility and rights. This includes the right to take leave, the amount of leave available, and their legal obligations.

What Can I Do If My Employer Violated my FMLA Rights?

If you believe your employer violated the FMLA, you have several legal options available to you, including:

  • Reinstatement. If your employer terminated, demoted or penalized you for taking FMLA leave, you can get your job back.
  • Back Pay. You can also seek compensation and back pay for any wages, salary, or benefits you lost due to an FMLA violation.
  • Other Damages. In addition to reinstatement and back pay, employees may also seek compensation for emotional distress or punitive damages, depending on the severity of the violation.

For example, if your employer fired you while you were on FMLA leave, you can get your job back and back pay for the wages and benefits you would have earned. You might also file a lawsuit against your employer seeking compensation for the emotional distress you suffered and the damage to your reputation.

An experienced Tustin employment lawyer at MJB Law Group can help you explore your options and choose the legal path that is best for you and your family.

Contact Our Tustin FMLA Violation Lawyer

If you believe that your employer violated your rights under the Family and Medical Leave Act (FMLA), talk to an experienced employment lawyer at MJB Law Group. An attorney from our firm will help you understand your rights, assess the strength of your case, and fight for your future.

Don’t let your employer get away with violating your rights – take action now by contacting an employment lawyer who can help you fight for the remedies you deserve. Contact us for a FREE case evaluation and consultation to discuss your legal options. Call us today at (949) 266-0880 or fill out our confidential contact form.