The Family and Medical Leave Act (FMLA) gives eligible employees the right to take unpaid, job-protected leave for sIf an employer violates the Family and Medical Leave Act (FMLA) in California, they can be held liable for denying protected leave, interfering with an employee’s rights, or punishing someone for taking that leave. Employees may recover back pay, reinstatement, liquidated damages, attorney’s fees, and other available relief through the U.S. Department of Labor or a private lawsuit. They may also have additional protections under California’s Family Rights Act (CFRA).
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.
Below, we break down what employers actually face when they violate FMLA rights, and how employees can protect themselves and pursue a remedy.
What Is the Family and Medical Leave Act (FMLA)?
The FMLA is one of the cornerstones of U.S. employment law. Passed in 1993, it lets eligible employees take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the birth or adoption of a child, a serious health condition (their own or a family member’s), or certain military-related situations. The idea is simple: you shouldn’t have to choose between your health or your family, and your paycheck.
The law exists to keep both your job and your health benefits intact while you handle those needs. According to the Department of Labor’s most recent national Employee Survey (2018), about 56% of workers met the federal eligibility requirements for FMLA leave.
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.
During that leave, your employer has to keep your health insurance going exactly as if you’d never left. And when you come back, you’re entitled to job restoration, your old position, or an equivalent one, with the same pay, benefits, and working conditions.
The FMLA also bars employers from retaliating against anyone who requests or takes leave. When a company ignores those rules, employees can take legal action to enforce them, which is what gives the law its teeth, holding employers accountable rather than just asking them to comply.
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.
Knowing how the federal and state pieces fit together is what lets you actually use the protections you have. It’s also how you catch a violation early enough to do something about it.
What are Common Examples of FMLA Violations by Employers in California?
FMLA violations happen when an employer gets in the way of an employee’s right to take protected leave, or punishes them for using it. The most common one is straightforward: denying leave to someone who clearly qualifies.
Another is failing to provide the notices the law requires, leaving workers unsure of their rights or how to request leave. In California, employers may also have responsibilities under the California Family Rights Act (CFRA), which can provide additional leave protections depending on the situation.
Retaliation is another big one. An employer can’t legally fire you, demote you, cut your hours or pay, or write you up because you took protected leave. Say a worker takes time off to recover from surgery, coming back to a pile of bad performance reviews or getting skipped for a promotion they were in line for can cross the line. Both the FMLA and CFRA are built to shut that down.
Failing to reinstate someone after approved leave is a frequent problem too. In most cases the employer has to give you back your old job, or one just like it, with similar pay, benefits, and responsibilities, not quietly hand you worse duties, a smaller paycheck, or a reduced schedule. Intermittent leave causes its own headaches when an employer requires medical certification and won’t honor it or disciplines someone for taking approved time off for ongoing treatment.
These violations can have a lasting effect on an employee’s career, finances, and peace of mind. Many workers do not realize their rights have been violated until they speak with an employment lawyer. If your employer denied protected leave, failed to restore your position, retaliated against you, or ignored its obligations under the FMLA or CFRA, you may have legal options to recover lost wages, seek reinstatement, and hold your employer accountable.
What Are the Legal Remedies and Penalties for Employers Violating FMLA in California?
When an employer violates the Family and Medical Leave Act (FMLA), employees have the right to seek legal remedies. Depending on the circumstances, they may recover back pay for lost wages, the value of lost benefits, and interest on those losses. Courts may also order the employer to reinstate the employee to the same or equivalent position.
Courts often add liquidated damages on top, equal to your lost wages and benefits, unless the employer can prove it acted in good faith and had reasonable grounds to believe it was following the law. In California, you may also have a legal claim under the CFRA, which offers similar protections and can apply even in situations where an FMLA claim doesn’t.
Employees have more than one way to enforce their rights. They can file a complaint with the U.S. Department of Labor’s Wage and Hour Division, which investigates FMLA violations and may require the employer to correct unlawful practices. Employees may also file a private lawsuit in federal court to recover compensation and seek other available remedies. In some situations, an employee may have both FMLA and CFRA claims arising from the same conduct, depending on the facts of the case.
Employers who violate the FMLA can face real financial consequences. Beyond back wages and liquidated damages, they may have to cover your attorney’s fees and court costs. A court can order them to restore your position or stop the practices that got in the way of your leave in the first place. The whole point of these remedies is to put you back where you’d have been if the violation had never happened.
Deadlines matter. In most cases, you have two years from the date of the violation to file a lawsuit and three years if the violation was willful. Because filing deadlines and the overlap between the FMLA and California’s CFRA can shape a claim, talking to an experienced employment attorney sooner rather than later helps protect your rights and keep your options open. Here’s how the most common violations tend to break down:
| 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. |
Understanding Retaliation Claims Related to FMLA Violations in California
Retaliation occurs when an employer takes adverse action against an employee because they exercised their rights under the Family and Medical Leave Act (FMLA). This can include firing an employee, demoting them, reducing their hours or pay, giving unjustified disciplinary write-ups, denying promotions, or assigning less desirable duties after they return from protected leave.
In California, you may also be covered by the CFRA, which bars employers from retaliating against workers for requesting or taking qualifying leave. To make a retaliation claim, you generally have to show three things: you did something protected, your employer took an adverse action against you, and the two are connected.
Strong retaliation cases often involve clear evidence that the employer’s actions were linked to the employee’s use of protected leave. For example, an employee who receives positive performance reviews before taking FMLA leave but is suddenly placed on a performance improvement plan immediately after returning may have evidence of retaliation.
The same goes for an employer who fires someone soon after approved leave with no legitimate business reason, or disciplines them for absences that were protected under the FMLA or CFRA. Emails, performance evaluations, attendance records, and coworker statements can all help back up a retaliation claim.
How to Protect Your Rights if Your Employer Violates FMLA in California
If you believe your employer violated your FMLA rights, start by documenting everything. Keep copies of leave requests, medical certifications, emails, text messages, and any written communication with your employer or HR. Make notes of important conversations, including dates, times, and who was involved. These records can become valuable evidence if a dispute arises. If your leave may also be protected under California’s Family Rights Act (CFRA), keep documentation related to those requests as well.
Next, report the issue through the appropriate channels. Speak with your human resources department or follow your employer’s internal complaint process if one exists. Sometimes a misunderstanding can be resolved quickly. If your employer continues to deny protected leave, refuses to reinstate you, or retaliates against you for using leave, do not ignore the problem. Continue to keep copies of all communications and any employment records that show how you were treated.
Act quickly if your rights have been violated. In most cases, employees have two years to file an FMLA lawsuit, or three years if the violation was willful. Waiting too long can limit your legal options and make it harder to gather evidence. An employment attorney can review your situation, explain whether the FMLA, the CFRA, or both laws apply, and help you determine the best path forward.
Mercer Law Firm represents California employees whose family and medical leave rights have been violated. The firm’s FMLA discrimination lawyers can evaluate your claim, gather evidence, communicate with your employer, and pursue compensation or reinstatement when appropriate.
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 leave to eligible employees: One of the most common violations. It shows up as claiming the employee doesn’t qualify, picking apart medical documentation, discouraging the request, or fudging eligibility based on hours worked or time on the job.
- Not telling employees about their FMLA rights: · Employers are legally required to spell out your FMLA rights and eligibility. Skipping timely, accurate notice keeps you from making an informed call about your leave and can mislead a new hire about whether they’ll qualify down the road.
- 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.
- Making employees work while on leave: Employers can’t demand that you handle tasks, sit in on meetings, or check in constantly during approved FMLA leave. That defeats the entire point of having unpaid, job-protected time off.
- Not restoring your position after leave: When you come back, you’re owed your same job or a comparable one, with identical pay, benefits, and working conditions. Anything less violates the FMLA’s job-protection rules.
Spotting these patterns early is what lets employees push back when an employer steps over the line. If you think your FMLA rights were taken from you, an experienced employment lawyer can help you pursue compensation and hold the employer accountable.
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.
You can’t overstate how much documentation and a paper trail with HR matter here. A detailed record of every interaction, like copies of correspondence and notes from meetings, builds a clear timeline. Written communication with HR also proves you followed company policy and gave proper notice, which shores up your credibility if your employer later disputes the story.
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 ignored your FMLA rights, act quickly and with a plan. Most violations trace back to denied leave, retaliation, or a failure to put you back in your old position after leave. Getting the early steps right protects your rights and strengthens any claim you might bring.
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 Lawsuits?
Filing an FMLA lawsuit starts with solid evidence: FMLA request forms, medical certifications, emails with HR, and any record of retaliation. Those documents show your employer denied your rights or came after you for using 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.
How Can an Employment Attorney Help?
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, making sure your evidence and documentation are presented the right way. They can help you recover lost wages, benefits, and other damages, and they may negotiate to get your old position back. With skilled representation on your side, you can protect your rights and hold your employer accountable for what they did.
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 denied your leave, retaliated against you, or failed to restore your position, remedies like back pay, reinstatement, or compensatory damages for the harm you took on are on the table. Timing is everything: document the violation, file a complaint, and get an experienced employment lawyer involved. Don’t stay quiet; stand up for your FMLA rights and make sure your employer answers for it.
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 FMLA gives eligible employees the right to take protected leave for qualifying family and medical reasons. Here are answers to the questions that come up most about FMLA rights, the rules, and what employers owe you.
What Is the Average Settlement for an FMLA Lawsuit?
FMLA settlements vary based on the facts of each case and the damages involved. Employees may seek compensation through a private civil action if an employer violates the law.
Is It Harder to Fire Someone on FMLA?
Yes. Covered employers generally can’t fire you for taking protected FMLA leave. They can still let you go for legitimate reasons that have nothing to do with the leave, under state law.
Can I Sue My Employer for Violating FMLA?
Yes. If your employer violated your FMLA rights, you may be able to file a private civil action. A California employment attorney can tell you whether you have a valid claim and help compel compliance from the employer.
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?
It might. Pneumonia can qualify if it’s a serious illness requiring inpatient care or continuing treatment from a healthcare provider. Whether it does comes down to your eligibility and the specifics 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. It is one factor used when counting FMLA leave and determining whether an absence qualifies under FMLA regulations.
What Are the Common Signs of FMLA Interference?
Interference can look like denying eligible leave, discouraging someone from taking it, or dropping group health coverage during approved leave. An employer also breaks the law by refusing to put you back in the same or an equivalent position after leave.
Disclaimer: This content is for general information only and isn’t legal advice. Reading it doesn’t create an attorney-client relationship. Laws change and every situation is different, so talk to a qualified FMLA attorney about your specific circumstances. Any examples, case studies, or hypotheticals here are illustrative only and don’t guarantee a similar result.
