The Family and Medical Leave Act (FMLA) gives eligible employees the right to take unpaid, job-protected leave for specific family or medical reasons without fear of losing their position. What happens if an employer violates the FMLA is that they may face legal action and be required to compensate the employee for lost wages, benefits, and other damages. In such cases, employees can file complaints or lawsuits to recover lost wages, benefits, and other damages.
When your job is on the line, it helps to have someone who has handled cases like yours from start to finish. Attorney Sara Salinas has secured results such as a $750,000 settlement for an employee pushed out because of disability and gender discrimination, and Mercer Legal Group has earned the trust of clients with a 4.9-star rating across Los Angeles and the Inland Empire. Whether your employer denied your FMLA leave, reduced your hours after you used it, or let you go when you returned, we’ll take the time to explain your rights and what options may be available. Your consultation is free, and you won’t owe us attorneys’ fees unless we recover compensation for you.
This blog will explain the consequences employers face for violating FMLA rights and guide employees on how to protect themselves and pursue legal remedies.
What Is the Family and Medical Leave Act (FMLA)?
It is a fundamental part of employment law. It’s designed to help employees juggle their work and family responsibilities without worrying about losing their jobs. The 1993 law allows eligible employees up to 12 weeks of unpaid, job‑protected leave in a 12‑month period for childbirth or adoption, serious personal or family illness, or qualifying military events.
The law’s main purpose is to ensure that workers can care for their health or family needs while maintaining job security and continued access to health benefits. According to the U.S. Department of Labor’s 2018 Family and Medical Leave Act Employee Survey, 56% of U.S. employees were eligible for FMLA leave based on their employment tenure, hours worked, and worksite size.
Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave within 12 months for qualifying reasons. These include the birth or adoption of a child, caring for a seriously ill family member, recovering from a serious health condition, or addressing urgent needs related to a family member’s military service. During this leave, employers must keep the employee’s health insurance as if they were still working.
One of the key protections the FMLA provides is job restoration. When the employee returns from leave, they must be restored to the same or equivalent position with the same pay, benefits, and working conditions.
Employers are also prohibited from retaliating against employees who request or take FMLA leave. In some cases, legal action can be taken to enforce compliance and ensure employers uphold these rights, reinforcing that the FMLA serves as both a shield and an accountability mechanism.
To qualify for FMLA leave, employees must have worked for their employer for at least 12 months and have logged at least 1,250 hours of service during the previous year. Additionally, the employer needs at least 50 employees within 75 miles. While FMLA leave is unpaid under federal law, some states, such as California, offer partial wage replacement through state programs, which provide income replacement of their income during leave.
By understanding both federal and state protections, employees can fully utilize their FMLA rights. This knowledge is crucial to spot violations early and take action.
Common Examples of FMLA Violations by Employers
Many workers experience FMLA violations by employers without realizing their rights have been violated. A common FMLA violation is denying leave to an eligible employee
Some employers also discourage workers from taking leave by making threats or creating unnecessary obstacles. For example, an employee requests FMLA leave after a serious medical diagnosis but is told to use vacation time instead. That may be considered interference with protected leave rights.
Another frequent violation happens when an employee returns from approved leave. The law generally requires employers to restore workers to the same or an equivalent position. Some companies instead cut pay, reduce hours, or assign less desirable duties.
Intermittent FMLA violations by employers are also common. An employer may refuse to honor a doctor’s certification for periodic leave or discipline an employee for taking approved time off to attend medical treatments. Those actions can violate the FMLA when the leave was properly requested and approved.
Retaliation is another serious problem. An employer cannot legally punish someone for using FMLA leave. That includes firing the employee, passing them over for promotions, issuing unfair write-ups, or giving poor performance reviews because they exercised their rights.
These examples of FMLA violations often leave employees unsure of what happened until they speak with an attorney. If your employer interfered with your leave or treated you differently after using it, you may have grounds to pursue a legal claim.
| Violation Type | Description | Potential Employer Consequences | Employee Remedies |
|---|---|---|---|
| Wrongful Denial of FMLA Leave | Employer refuses qualifying leave or wrongly claims the employee is ineligible. | Department of Labor investigation, lawsuit, monetary damages, attorney’s fees. | Lost wages, lost benefits, reinstatement, liquidated damages. |
| Interference With FMLA Rights | Employer discourages leave, fails to provide required notices, or makes it difficult to use FMLA benefits. | Court orders to stop unlawful practices, financial liability, legal costs. | Compensation for losses, restoration of leave rights, injunctive relief. |
| Failure to Reinstate | Employer refuses to return an employee to the same or an equivalent position after approved leave. | Court-ordered reinstatement, back pay, damages, attorney’s fees. | Reinstatement, back pay, recovery of lost benefits and interest. |
| Retaliation for Taking FMLA Leave | Employer fires, demotes, disciplines, or otherwise penalizes an employee for using FMLA leave. | Civil liability, substantial damages, possible liquidated damages for willful violations. | Lost wages, front pay or reinstatement, benefits, attorney’s fees, liquidated damages. |
| Improper Handling of Intermittent Leave | Employer rejects approved intermittent leave requests or disciplines employees for taking medically necessary leave. | DOL enforcement, civil litigation, court-ordered compliance. | Recovery of lost income, restoration of leave rights, reinstatement where appropriate. |
| Failure to Maintain Health Benefits | Employer improperly terminates or changes health insurance coverage during protected FMLA leave. | Payment of unpaid benefits, financial damages, legal expenses. | Recovery of lost benefits, reimbursement for medical expenses, other monetary damages. |
| Unlawful Medical Certification Practices | Employer requests excessive medical information or ignores valid medical certifications. | Regulatory enforcement, court orders, monetary liability. | Correction of employment records, damages if losses resulted, protection of future leave rights. |
What Are the Legal Remedies When an Employer Violates FMLA?
TThe Family and Medical Leave Act (FMLA) gives eligible employees the right to take unpaid, job-protected leave for certain family and medical reasons. Employers covered by the law must honor those rights. They cannot deny qualified leave, interfere with an employee’s use of leave, or retaliate against someone for taking it. When they do, they may be held legally responsible.
Employees who experience an FMLA violation have more than one way to pursue justice. They can file a complaint with the U.S. Department of Labor’s Wage and Hour Division, which investigates claims and may require the employer to correct the violation. Employees also have the right to file a private lawsuit in federal court. In many cases, this allows them to seek a broader range of legal remedies.
If an employer is found liable, the employee may recover several types of compensation. This can include lost wages, the value of lost benefits, and interest on those losses. Courts may also award liquidated damages, which often double the amount of lost wages and benefits unless the employer can show it acted in good faith.
In addition, employers may be ordered to pay the employee’s attorney’s fees and court costs. A judge may also require the employer to reinstate the employee or stop unlawful practices.
Timing matters. In most cases, employees have two years from the date of the FMLA violation to file a lawsuit. If the employer’s conduct was willful, the deadline generally extends to three years. Missing these deadlines can prevent an employee from recovering compensation, so it is important to act as soon as possible.
An experienced FMLA attorney can guide employees through every stage of the process. A lawyer can gather evidence, review employment records, interview witnesses, and handle communications with the employer. If a settlement cannot be reached, the attorney can present the case in court and fight for the compensation and workplace protections the employee deserves.
What Are the Common Ways Employers Violate FMLA?
The Family and Medical Leave Act (FMLA) protects employees who need time off for serious health conditions, family care, or bonding with a new child, including those who require intermittent leave for ongoing medical needs. Unfortunately, some employers violate these rights, either through ignorance of the law or deliberate misconduct. Some examples of these violations include:
- Denying eligible employees FMLA leave: One of the most common violations occurs when employers wrongly deny leave to qualified employees. This can include claiming the employee does not qualify, questioning medical documentation, discouraging an employee’s request for leave, or misrepresenting eligibility based on employees’ work hours or tenure.
- Failing to notify employees of their FMLA rights: Employers are legally required to inform employees of their FMLA rights and eligibility. Failing to provide timely and accurate notice prevents employees from making informed decisions about their leave options and can also mislead a prospective employee about their future eligibility.
- Retaliation against an employee for taking FMLA leave: Retaliation after an employee exercises their FMLA rights is strictly prohibited. Such actions can form the basis of an FMLA retaliation lawsuit. One of the most common forms this retaliation takes is termination. If you were fired for taking FMLA leave in California, you likely have a claim for wrongful termination in addition to the underlying FMLA violation.
- Requiring employees to work while on leave: Employers cannot demand that staff members perform work duties, attend meetings, or frequently check in while on approved FMLA leave. Doing so undermines the purpose of the law, which is to allow employees unpaid, job-protected time off.
- Not restoring an employee to the same or equivalent position after leave: Upon returning from FMLA leave, employees must be reinstated to the same or a comparable position with identical pay, benefits, and working conditions. Failure to do so violates FMLA job protection provisions.
Recognizing these common FMLA violations helps employees protect their rights and take appropriate action when employers overstep legal boundaries. If you believe your FMLA rights have been taken away, consulting an experienced employment lawyer can help you pursue justice and compensation.
How to Prove an FMLA Violation
Proving an FMLA violation often depends on gathering enough information that shows your employer interfered with your right to take protected leave or retaliated against you for using it. Key evidence may include emails, HR records, performance reviews, time-off requests, or written denials of FMLA leave. These documents can demonstrate that you followed proper procedures and that your employer either ignored or wrongfully rejected your request to authorize FMLA leave.
The importance of documentation and communication with HR cannot be overstated. Keeping a detailed record of all interactions, including copies of correspondence and notes from meetings, helps establish a clear timeline of events. Written communication with HR also serves as proof that you complied with company policy and gave proper notice, which strengthens your credibility if your employer later disputes your claim.
In addition, timing and patterns of retaliation often reveal whether an employer violated FMLA protections. If negative actions like demotion, disciplinary warnings, or termination occur soon after requesting or returning from leave, it may signal retaliation. Identifying consistent patterns of unfair treatment before and after your leave can further support your case. Working with an expert FMLA lawyer and a reputable law firm can help you organize this evidence effectively and pursue the justice and settlement you deserve.
What Are the Steps to Take if You Suspect an FMLA Violation?
If you suspect your employer has flouted your rights under the Family and Medical Leave Act (FMLA), it’s important to act quickly and strategically. Many violations stem from denial of leave, retaliation, or failure to restore an employee to their original position after returning from leave. Taking the right steps early can help protect your rights and strengthen any potential legal claim.
First, document everything related to your leave. Keep copies of your FMLA request forms, emails to HR, written responses from your employer, and any notes from conversations about your leave. Next, report the issue internally by notifying your HR department or manager in writing. Clearly outline your concerns and request clarification on your leave status. This process creates a record that you tried to resolve the matter through proper channels and ensures transparency.
If the issue remains unresolved, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division, which investigates FMLA violations and can take enforcement action against employers. For more serious issues, such as retaliation, demotion, or wrongful termination, contact an experienced employment lawyer. An attorney can evaluate your case, help gather evidence, and guide you through the legal process to protect your rights and pursue fair settlements.
How Do I File a Violation of FMLA Lawsuit?
Filing an FMLA violation lawsuit starts with collecting strong evidence to support your claim, such as FMLA request forms, medical certifications, emails with HR, and records of any retaliation. These documents help show that your employer denied your rights or took adverse action because you exercised them.
Before filing in court, you can submit a complaint to the U.S. Department of Labor’s Wage and Hour Division (WHD). The agency investigates FMLA violations and may help resolve your issue through mediation or enforcement. However, you may also file a private lawsuit in federal court without waiting for the DOL’s decision.
It’s best to work with an experienced employment lawyer who understands FMLA and retaliation cases. An attorney ensures your claim is filed correctly, deadlines are met, and all damages, such as back pay, lost benefits, or reinstatement, are pursued. Legal representation greatly improves your chances of protecting your rights and achieving a fair outcome.
What Are Employer Penalties for FMLA Violations?
Employers who violate the Family and Medical Leave Act (FMLA) can face serious financial penalties, including back pay for lost wages, front pay for future earnings, and liquidated damages that often double the total amount owed. These remedies are designed to compensate employees for financial losses caused by wrongful denial of leave, retaliation, or termination. In addition, employers may be required to cover the employee’s attorney’s fees and court costs, making FMLA violations an expensive mistake.
Beyond financial liability, there are significant legal and reputational consequences. Courts can issue orders requiring the employer to reinstate the affected employee, restore lost benefits, or change workplace policies to comply with the law. Repeated or publicized FMLA violations can also hurt an employer’s reputation, lower employee morale, and make regulators pay more attention to them.
It’s not just a legal requirement for employers to comply with the law and treat employees fairly; it’s also crucial for building trust and honesty in the workplace. By creating an open and respectful culture, employers can avoid legal issues, boost team spirit, and create a more efficient work environment.
How to Protect Your FMLA Rights
Protecting your FMLA rights begins with understanding your company’s leave policies and how they align with federal FMLA regulations. Review your employee handbook or speak with HR to confirm eligibility requirements, such as your length of employment and hours worked, as well as the proper procedures for requesting leave. Staying informed enables you to fulfill all required deadlines and steer clear of inadvertent mistakes that could potentially lead your employer to reject your leave request.
Another key step is submitting the required medical certification and documentation to support your FMLA claim. This includes having your healthcare provider complete the appropriate forms and providing updates if your condition or expected leave duration changes. Proper documentation strengthens your request and prevents disputes over whether your leave qualifies under the law.
It’s also essential to keep written proof of all FMLA-related communications, including emails, letters, and HR responses. These records can serve as vital evidence if your employer later denies your leave or retaliates against you for using it.
If you start to observe any indications of retaliation, such as unexpected changes in duties, disciplinary actions, or termination, you should promptly consult a legal professional. An FMLA discrimination lawyer can help you protect your rights, ensure compliance with FMLA requirements, and take swift action if your employer violates the law.
How to Protect Your FMLA Rights
Protecting your FMLA rights begins with understanding your company’s leave policies and how they align with federal FMLA regulations. Review your employee handbook or speak with HR to confirm eligibility requirements, such as your length of employment and hours worked, as well as the proper procedures for requesting leave. Staying informed enables you to fulfill all required deadlines and steer clear of inadvertent mistakes that could potentially lead your employer to reject your leave request.
Another key step is submitting the required medical certification and documentation to support your FMLA claim. This includes having your healthcare provider complete the appropriate forms and providing updates if your condition or expected leave duration changes. Proper documentation strengthens your request and prevents disputes over whether your leave qualifies under the law.
It’s also essential to keep written proof of all FMLA-related communications, including emails, letters, and HR responses. These records can serve as vital evidence if your employer later denies your leave or retaliates against you for using it.
If you start to observe any indications of retaliation, such as unexpected changes in duties, disciplinary actions, or termination, you should promptly consult a legal professional. An FMLA discrimination lawyer can help you protect your rights, ensure compliance with FMLA requirements, and take swift action if your employer violates the law.
When to Contact an Employment Attorney
You should contact an FMLA employment attorney if your employer denied your FMLA leave even though you met all eligibility requirements or if they interfered with your right to take protected time off. Retaliation, such as demoting, disciplining, or terminating you after asking for or returning from leave, underscores the importance of legal assistance. These actions may indicate an FMLA violation, and an attorney can help determine whether your rights were unlawfully denied.
An experienced employment attorney can guide you through the complaint or lawsuit filing process, ensuring the proper presentation of all evidence and documentation. They can help you recover lost wages, benefits, and other damages, and they may also negotiate reinstatement to your former position. With skilled legal representation, you can protect your rights and hold your employer accountable for any wrongful actions under the FMLA.
Ready to Stand Up for Your FMLA Rights?
The Family and Medical Leave Act (FMLA) provides crucial protections that allow employees to take job-protected leave for serious health conditions, family care, or bonding with a new child, without fear of retaliation or job loss. These rights ensure that workers can prioritize their health and family needs while maintaining financial and job stability. When employers ignore or violate these protections, it undermines both employee well-being and workplace fairness.
If your employer has denied your leave, retaliated against you, or failed to restore your position, legal remedies are available. You may be entitled to back pay, reinstatement, or compensatory damages for the harm you’ve suffered. Acting promptly is key. Document the violation, file a complaint, and contact an experienced employment lawyer to protect your rights. Don’t stay silent; stand up for your FMLA rights and ensure your employer is held accountable.
Have your FMLA rights been violated at work? At Mercer Legal Group, our experienced employment lawyers know how to hold employers accountable and secure the compensation you deserve. With a solid reputation in FMLA and workplace retaliation cases, we’re ready to protect your rights and restore fairness. Reach out to us today for a free consultation and take the first step toward justice.
Frequently Asked Questions
The Family Medical Leave Act (FMLA) provides essential protections for eligible employees, but violations can have serious financial consequences for employers. Here are quick answers to common questions about FMLA coverage, FMLA eligibility, and what to do if you believe your rights have been violated.
Can You Sue Your Employer for Violating FMLA Rights?
Yes, you can sue your employer if they unlawfully deny FMLA leave, interfere with your rights, or retaliate against you. You may be able to seek compensation for lost wages, job reinstatement, and other available damages.
What Is the Average Settlement for an FMLA Lawsuit?
FMLA settlements vary depending on the facts of each case. Cases involving willful misconduct or serious violations may result in higher compensation than other claims.
Is It Harder to Fire Someone on FMLA?
Yes, employers cannot legally fire someone because they are taking protected FMLA leave. However, an employer may still terminate an employee for legitimate reasons that are unrelated to the leave.
Can I Sue My Employer for Violating FMLA?
If your employer violated your FMLA rights, you can sue; consult an employment attorney to review your options.
Is Bipolar Covered Under FMLA?
Yes, bipolar disorder may qualify for FMLA if it is a serious medical condition that requires ongoing treatment. Your healthcare provider may need to certify that you meet employee eligibility requirements for leave.
Does Pneumonia Qualify for FMLA?
Pneumonia may qualify for FMLA if it is a serious illness that requires inpatient care or continuing treatment by a healthcare provider. Whether you qualify depends on your FMLA eligibility and the facts of your condition.
What Is the 3-Day Rule for FMLA?
The 3-day rule generally refers to illnesses that involve more than three consecutive days of incapacity along with continuing medical treatment. Meeting this requirement can confirm whether your condition is eligible for FMLA coverage.
What Are Common Signs of FMLA Interference?
Common signs include denying eligible leave, discouraging employees from taking leave, or failing to restore them to their job after leave. Retaliation, negative performance reviews, or punishment for using FMLA also violates the law.
Disclaimer: The information serves general informational purposes and is not legal advice; it does not create an attorney‑client relationship. Because laws differ and change, consult a qualified FMLA attorney about your situation; past examples are illustrative only and not a promise of similar outcomes. advice regarding your specific situation. Past examples, case studies, or hypothetical scenarios are illustrative only and do not guarantee similar results.
