The Family and Medical Leave Act (FMLA) allows employees unpaid, job-protected leave for health or family needs, and a qualified California FMLA attorney can help if your rights are denied or violated. To file an FMLA violation lawsuit, document your leave and employer responses, report to the Department of Labor if needed, consult an attorney, and file in federal court for remedies like back pay or reinstatement. An experienced FMLA attorney in California can guide you through the process and ensure your family leave rights are enforced.
At Mercer Legal Group, our seasoned employment attorneys in California have successfully represented countless employees in family and medical leave (FMLA) violation cases, protecting their rights and securing lost wages and benefits. With deep expertise in both federal and state leave laws, we guide clients through every step of the legal process with professionalism and personalized attention. Whether your leave was wrongfully denied, or you faced retaliation or termination, we fight to hold employers accountable. Schedule your free consultation today and take the first step toward defending your FMLA rights and obtaining the justice you deserve.
In this blog, we’ll walk you through the steps you need to take if you need to file an FMLA violation lawsuit. We’ll also show you how to protect your rights and what to do if you’ve been wrongfully denied leave, faced retaliation, or been terminated.
What Is the FMLA?
The Family and Medical Leave Act (FMLA) is a federal law. It gives eligible employees the right to take up to 12 weeks of unpaid leave each year, without losing their job, for certain family or medical reasons. These include the birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, or managing one’s own serious medical issue that prevents them from working.
During FMLA leave, both federal employers and private sector employers must continue to provide health insurance benefits under the same terms as if the employee were actively working, in accordance with FMLA regulations, and they cannot deny leave without a valid legal reason. This ensures employees can focus on their health or family needs without worrying about losing coverage or job protection.
FMLA applies to public agencies, public and private schools, and private employers with 50 or more employees within a 75-mile radius. To qualify, employees must have worked for their employer for at least 12 months and completed a minimum of 1,250 hours of service during that period.
The law protects employees from retaliation, discrimination, or wrongful actions such as denying leave. It also ensures they can return to the same or an equivalent position once their leave ends, in full compliance with FMLA regulations.
What Is the CFRA?
The California Family Rights Act (CFRA) is a state law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave within 12 months for certain family or medical reasons. These include caring for a family member with a serious health condition, bonding with a new child, or addressing one’s own serious medical needs. Like the federal FMLA, CFRA ensures that employees’ health insurance remains active during their leave.
CFRA applies to California employers with five or more employees, making it more inclusive than the federal FMLA. It also covers a broader range of family members, such as domestic partners, siblings, grandparents, and grandchildren. When an employee returns from CFRA leave, they are entitled to reinstatement in the same or a comparable position, and employers are prohibited from retaliating against them for exercising their leave rights.
What Are Your Employee Rights Under FMLA and CFRA?
Under the federal Family and Medical Leave Act (FMLA) and California’s Family Rights Act (CFRA), eligible employees have the right to take up to 12 weeks of unpaid, job-protected leave within 12 months. This leave can be used for personal medical conditions, caring for a family member with a serious health issue, or bonding with a new child through birth, adoption, or foster care placement. During this period, your employer must maintain your group health insurance under the same terms as if you were actively working.
When your leave ends, both FMLA and CFRA guarantee your right to return to the same or an equivalent position with the same pay, benefits, and working conditions. Employers cannot stop you from taking leave or retaliate for asking for or using it. However, the two laws differ slightly; CFRA covers a broader definition of family members and does not include leave for pregnancy-related disabilities, which are protected separately under California’s Pregnancy Disability Leave (PDL).
If your employer denies your request, discourages you from taking leave, or retaliates against you for exercising your rights, you may be able to file a formal complaint with the Department of Labor or the California Civil Rights Department. You can also pursue a private lawsuit to recover lost wages, reinstatement, and other damages. Understanding your rights under both FMLA and CFRA ensures that you can take necessary time off without fear of losing your job or facing workplace discrimination.
How Do I File a Violation of FMLA Lawsuit?
Filing a lawsuit for a violation of the Family and Medical Leave Act (FMLA) begins with confirming that you are an eligible employee and that your employer is a covered employer under the law. Generally, you must have worked for your employer for at least 12 months and completed 1,250 hours of service during that time.
Before filing a lawsuit, many employees choose to report the violation to the U.S. Department of Labor’s Wage and Hour Division (WHD), which can investigate the claim and potentially resolve the issue without going to federal or state court. This helps to protect your rights early in the process.
If you decide to pursue legal action, you can file a lawsuit in federal or state court against your employer for interference with or retaliation for exercising your FMLA rights. You must file within two years of the violation, or within three years if it was willful, meaning the employer knowingly or recklessly ignored the law. In your complaint, you can seek remedies such as back pay, reinstatement, lost benefits, and, in some cases, liquidated damages, all of which help protect your job security and financial stability.
Because FMLA cases can be complex and time-sensitive, it’s best to consult a law firm experienced in FMLA and employment discrimination claims. An experienced attorney can help you gather evidence, assess the strength of your case, and ensure that all filing deadlines and procedural requirements are met. Legal guidance from a trusted law firm can significantly improve your chances of securing the compensation, reinstatement, and justice you deserve.
What Are Your Employee Rights Under FMLA and CFRA?
Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to take up to 12 weeks of unpaid leave each year for specific family and medical reasons, with job protection guaranteed. These reasons include the birth, adoption, or foster care placement of a child; caring for a spouse, child, or parent with a serious health condition; dealing with one’s own serious illness that makes it impossible to work; or managing qualifying exigencies related to a family member’s military service.
Employees must provide notice to their employer when requesting leave within a reasonable time. During FMLA unpaid leave, employers must continue providing group health benefits under the same terms as if the employee were actively working.
In addition to these federal protections, California’s Family Rights Act (CFRA) offers similar benefits but expands coverage to include a broader range of family relationships. Under CFRA, employees can take leave to care for a domestic partner, grandparent, grandchild, or sibling, protections not covered under the federal FMLA. This ensures that California workers have more comprehensive support when balancing personal health needs and family responsibilities, free from the fear of job loss.
To qualify for FMLA leave, employees must work for an employer with at least 50 employees within a 75-mile radius, have been employed for at least 12 months, and have completed at least 1,250 hours of service in the previous year. Despite these legal safeguards, many workers still face wrongful termination, interference with their right to take unpaid leave, or retaliation for requesting leave. In such cases, an experienced employment lawyer in California can help employees pursue justice, recover lost wages, and hold employers accountable for violating their rights.
How Can an FMLA Attorney in California Protect Your Rights?
The Family and Medical Leave Act (FMLA) is a crucial federal law that grants eligible employees the right to take unpaid, job-protected leave for specific medical and family-related reasons. In California, employees also benefit from the California Family Rights Act (CFRA), which provides additional protections allowing workers to care for their health or loved ones without fear of losing their jobs.
However, many employees encounter obstacles when exercising these rights, such as employer retaliation, wrongful termination, or denial of valid leave requests. In such situations, an experienced FMLA attorney in California can help safeguard your rights and ensure your employer complies with both state and federal laws.
Contesting FMLA Denials: One of the most common FMLA violations occurs when employers improperly deny employees their leave requests. Some employers question eligibility, misinterpret medical certifications, or unlawfully demand extra proof before approving leave. A skilled FMLA lawyer can challenge these denials, help you gather necessary documentation, and advocate for your right to take protected leave even if your employer attempts to block it without justification.
Responding to and Preventing Workplace Retaliation: Retaliation after requesting or taking FMLA leave can appear in many forms, including demotion, reduced work hours, or termination. If you experience retaliation for exercising your FMLA rights, an employment attorney can help you file a legal claim to recover back pay, obtain reinstatement, and secure additional damages. Your attorney’s prompt legal action not only prevents future violations but also guarantees your employer’s legal accountability.
Restoring Employment and Pursuing Legal Remedies: After FMLA leave, you have the right to return to the same or an equivalent position. If your employer refuses reinstatement, reassigns you to a lesser role, or alters your pay or responsibilities, an employment discrimination lawyer in California can fight to enforce your reinstatement rights. Additionally, if your employer’s actions amount to a serious FMLA violation, your attorney can assist you in filing a complaint with the U.S. Department of Labor or pursuing a lawsuit in court. An FMLA attorney, through skilled representation, protects your rights and ensures you receive the compensation and justice you deserve.
What Should You Do if Your Company Violates FMLA?
If you believe your employer violated your FMLA rights, the first step is to carefully document everything related to your leave. Keep copies of your leave requests, emails, written correspondence, and any notices or disciplinary actions that occurred after your request. If your leave is denied, ask your employer for a written explanation. Maintaining detailed records will help establish a timeline of events and strengthen your claim should you decide to file a complaint or lawsuit.
Next, consider seeking legal advice from an experienced employment discrimination or FMLA attorney. A lawyer can evaluate your situation, help you determine whether your rights were violated, and guide you through the appropriate steps to pursue justice. Depending on your case, your attorney may assist you in filing a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD), which investigates FMLA violations and can order corrective action against employers.
If the violation is severe, such as wrongful termination, retaliation, or significant loss of wages, you may choose to file a lawsuit in federal court. Legal action can help you recover lost pay, benefits, and, in some cases, liquidated damages for your employer’s willful misconduct. With strong legal representation, you can hold your employer accountable and secure the compensation and reinstatement you deserve under the law.
Have Your Family Leave Rights Been Violated?
Under the FMLA and CFRA, workers can take time off for personal and family health issues without fear of job loss or punishment. Many businesses sadly breach these rights, leading to either constructive termination or unfair denials and reprisals. The best approach to protect your job and obtain justice for FMLA infractions is to have a qualified FMLA attorney in California handle things. Act now to stop your company from invading your rights. Discuss your legal options and circumstances with a qualified FMLA attorney in California.
Have you been denied FMLA leave or faced retaliation at work? At Mercer Legal Group, our seasoned California employment attorneys have successfully helped hundreds of employees protect their rights under federal and state leave laws. We provide personalized guidance through documenting your case, filing complaints, and pursuing legal action to recover lost wages, benefits, and job protections. Contact us today and take the first step toward holding your employer accountable and securing the justice you deserve.
Frequently Asked Questions
If your employer has denied your right to take protected leave or retaliated against you for using it, you may have grounds to file an FMLA violation lawsuit. Below are some frequently asked questions to help you understand your rights and the legal process involved.
How Much Can You Sue for an FMLA Violation?
The amount you can sue for an FMLA violation depends on your actual losses, such as back pay, lost benefits, and, in some cases, liquidated damages equal to those losses. In addition, you may recover attorney’s fees, court costs, and other equitable relief like reinstatement to your job.
What Is a Willful FMLA Violation?
A willful FMLA violation occurs when an employer knowingly or recklessly disregards an employee’s rights under the Family and Medical Leave Act. This type of violation extends the statute of limitations for filing a lawsuit from two years to three years.
Where to Report FMLA Retaliation?
You can report FMLA retaliation to the U.S. Department of Labor’s Wage and Hour Division (WHD), which enforces FMLA protections. Alternatively, you may file a private lawsuit in federal court against your employer for violating your FMLA rights.
What Are Common FMLA Violations?
Common FMLA violations include denying eligible employees their right to take leave, failing to reinstate them to the same or equivalent position after leave, or retaliating against them for using FMLA benefits. Employers may also violate the law by discouraging leave requests or misclassifying eligible employees as ineligible.
