Updated: Jun 10
Common FMLA Violations in California and where to find the best FMLA Lawyers Near Los Angeles
The Family and Medical Leave Act (FMLA) is a federal law that allows certain employees to take up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. This includes the birth or adoption of a child, the care of an immediate family member with a serious health condition, and the recovery from a serious health condition of the employee.
Employers covered under the FMLA must provide eligible employees with the rights and protections established under the law. However, some employers may violate these rights by denying employees the ability to take leave, retaliating against employees for taking leave, or interfering with an employee's ability to exercise their rights under the FMLA.
In California, employers are also subject to state family leave laws, such as the California Family Rights Act (CFRA) and the New Parent Leave Act (NPLA), which provide additional leave rights for employees. These laws are similar to the FMLA, but have some differences such as the number of employees a company needs to have to be covered, and the amount of leave time provided.
If you believe that your employer has violated your rights under the FMLA, or any other state or federal leave law, it is important to seek the advice of a Los Angeles FMLA lawyer. An experienced attorney can help you understand your rights and options, and can help you take legal action against your employer if necessary.
In general, employees who have been denied their legal rights under the Family and Medical Leave Act (FMLA) or similar state laws, may be entitled to be reinstated, and to receive back pay, lost benefits, and other damages,
It's important to note that the statute of limitations for filing a complaint with the Department of Labor (DOL) is two years and 180 days from the date of the alleged violation, and it's also important to file a complaint as soon as possible, to not lose your rights to do so.
In conclusion, the Family and Medical Leave Act (FMLA) and state family leave laws provide important rights for employees who need to take time off for family and medical reasons.
Examples of FMLA violations in California
Some examples of Family and Medical Leave Act (FMLA) violations that may occur in California include:
Denying an eligible employee's request for leave: An employer may violate the FMLA by denying an employee's request for leave, even if the employee is eligible for leave under the law.
Interfering with an employee's ability to take leave: An employer may violate the FMLA by intimidating, coercing, or threatening an employee who wants to take leave, or by denying an employee the right to return to work after taking leave.
Retaliating against an employee for taking leave: An employer may violate the FMLA by retaliating against an employee for taking leave, such as by demoting, firing, or otherwise discriminating against the employee.
Failing to restore an employee to their previous job or an equivalent position: An employer may violate the FMLA by failing to restore an employee to their previous job or an equivalent position after returning from leave.
Failing to maintain employee benefits during leave: An employer may violate the FMLA by failing to maintain an employee's benefits, such as health insurance, during the leave period.
Failing to provide proper notice of rights: An employer may violate the FMLA by failing to provide employees with proper notice of their rights under the law, such as by failing to post the required notice of rights in the workplace.
Refusing to provide certification and/or documentation of leave: An employer may violate the FMLA by refusing to provide certification and/or documentation of an employee's leave, such as a certification from a health care provider.
Refusing to provide intermittent leave: An employer may violate the FMLA by refusing to provide intermittent leave, which is taken in separate blocks of time, rather than all at once.
FAQ About California FMLA Violations
Q: What is FMLA?
A: FMLA stands for the Family and Medical Leave Act, a federal law that provides eligible employees with job-protected leave for specific family and medical reasons.
Q: Are FMLA rights applicable in California?
A: Yes, FMLA rights are applicable in California. However, California also has its own state-specific leave laws that may provide additional protections and benefits to eligible employees.
Q: What constitutes an FMLA violation?
A: FMLA violations can occur when employers interfere with an employee's FMLA rights, such as denying or discouraging the use of FMLA leave, failing to properly designate leave as FMLA-protected, or retaliating against an employee for exercising their FMLA rights.
Q: Can an employer terminate an employee while they are on FMLA leave?
A: No, employers are generally prohibited from terminating employees while they are on FMLA leave. Termination during FMLA leave may be considered retaliation and a violation of the employee's rights.
Q: What remedies are available for FMLA violations in California?
A: Remedies for FMLA violations may include reinstatement of the employee to their previous position, compensation for lost wages and benefits, and other legal remedies as determined by the court.
Q: Can I sue my employer for FMLA violations in California?
A: If you believe your employer has violated your FMLA rights, you may have grounds to file a lawsuit. It is advisable to consult with an experienced employment lawyer in California who can assess your case and guide you through the legal process.
Q: What is the statute of limitations for filing an FMLA violation claim in California?
A: The statute of limitations for filing an FMLA violation claim in California is generally two years from the date of the violation. However, it is recommended to consult with an attorney as exceptions and specific circumstances could affect the timeframe.
Q: How can an employment lawyer help with FMLA violations in California?
A: An employment lawyer specializing in FMLA violations in California can assess the merits of your case, gather evidence, negotiate with your employer, and represent your interests in legal proceedings if necessary. They can guide you through the process and protect your rights.
How Do I Find The Best FMLA Lawyers Near Los Angeles
It's important to note that not all situations of leave-taking are protected under the FMLA, for instance, the employer is not obligated to provide leave for elective surgeries or for common illnesses. A vetted FMLA attorney in Los Angeles can help you determine if your situation is protected under the FMLA.
If you believe your employer has violated your rights under the FMLA or any other state or federal leave law. In that case, it is important to seek the advice of an experienced Los Angeles FMLA lawyer to help you understand your rights and options. Request an unbiased lawyer referral 24/7 by following this link.