FMLA Law Violations Lawyer in Orange County, CA
The Family and Medical Leave Act (FMLA) is a critical federal law that grants eligible employees up to 12 weeks of unpaid leave annually for qualifying family and medical reasons. These could include caring for a newborn, a seriously ill family member, or addressing personal health issues.
Employers are legally required to maintain employees’ health benefits during their leave. If you believe your employer has violated your FMLA rights by unlawfully denying leave or retaliating against you, the employment law attorneys at MJB Law Group are here to help.
We understand how distressing such violations can be, and we are committed to securing justice and the compensation you deserve.
Are You Covered Under the FMLA?
Employer Coverage
FMLA applies to:
- Private employers with 50+ employees for at least 20 workweeks in the current or prior year
- Public agencies, including local, state, and federal government entities
- All public and private elementary and secondary schools
Employee Eligibility
To qualify for FMLA protections, employees must meet these criteria:
- Employed by a covered employer for at least 12 months
- Have worked a minimum of 1,250 hours in the preceding 12 months
- Work at a location with at least 50 employees within a 75-mile radius
It’s important to note that the FMLA is also supplemented by the California Family Rights Act (CFRA), which aims to provide similar protections, but employers only need to have 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 they 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.
- Backpay: 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.
Steps to Protect Your FMLA Rights
To protect your FMLA rights, start by documenting all communications with your employer about leave requests and any instances of denial or retaliation.
If your employer fired you while on FMLA leave, you could seek reinstatement, back pay, and compensation for emotional distress or reputational harm.
Act quickly by consulting an experienced Orange County employment lawyer at MJB Law Group. We can help you explore your options and take the best legal path to protect your rights and secure the justice you deserve.
Your Future Is Worth Fighting For – Get Legal Help Now
If you’ve experienced FMLA violations, don’t wait to take action. You have the right to seek reinstatement, back pay, and compensation for emotional distress.
At MJB Law Group, our experienced Orange County employment attorneys are ready to fight for your rights and help you navigate the legal process.
Let us help you get the justice you deserve and protect your future. Call (949) 676-6532 or fill out this contact form for a FREE case evaluation.