The Family and Medical Leave Act (FMLA) is a federal law allowing eligible employees to take a certain amount of time off every year to address medical issues and care for family members. If the terms of the FMLA bind your employer and you meet the eligibility requirements, they can’t prevent you from taking FMLA leave, nor can they punish you for doing so.
Some employers don’t obey the law. Review your case with a lawyer if you believe your employer has committed an FMLA violation. A Woodland Hills FMLA violations attorney at JML Law, APLC, will explain whether you have grounds for legal action.
Your FMLA Rights, Explained
Under the FMLA, you may have the right to take up to 12 weeks off within 12 months for the following reasons:
- Addressing a serious health condition
- Caring for a spouse, parent, or child with serious health needs
- A child’s birth
- Caring for a new foster child or a child you’ve recently adopted
Eligibility requirements for FMLA leave include:
- Having worked for your employer for at least one year
- Having logged at least 1,250 hours
Employers must abide by the terms of the FMLA if they’re private-sector employers with 50 or more workers within a 75-mile radius. Consult an attorney if you’re unsure whether the FMLA applies to your employer.
Common Examples Of FMLA Violations In Woodland Hills
An employer may commit an FMLA violation in several potential ways. They include (but aren’t necessarily limited to) the following:
- Firing an employee while they are on leave or shortly after they return from leave
- Demoting an employee or decreasing their pay after they return to work
- Assigning undesirable or unpleasant duties to an employee upon their return from leave
- Attempting to prevent an employee from taking FMLA leave
- Denying an employee a promotion or raise they’ve earned because they took FMLA leave
- Firing an employee or otherwise retaliating against them after they file a complaint alleging their FMLA rights were violated
That’s not a full list. If you believe your employer has committed an FMLA violation not mentioned here, schedule a consultation at our Woodland Hills FMLA violations law firm for more information about your legal options.
How Can A Woodland Hills FMLA Violations Lawyer Assist You
You can take legal action to seek various forms of compensation after an employer commits an FMLA violation. For example, if you were fired for taking FMLA leave, you could file an action to seek financial compensation and/or reinstatement to your job.
Be aware that proving an FMLA violation has occurred can be challenging in many circumstances. In this example, an employer probably wouldn’t directly tell you that you were fired because you took FMLA leave. Instead, they might claim you were fired because your performance had become unsatisfactory.
You need to demonstrate this isn’t the case. This might involve interviewing others at the company, gathering evidence to show your employer has been pleased with your performance in the past, etc.
Such an example highlights why it’s wise to enlist the help of a qualified legal professional in these circumstances. At JML Law, APLC, our Woodland Hills FMLA violations attorneys are on hand to help you build the strongest case possible. Learn more about how we can assist you by contacting us online or calling 818 610-8800 to schedule your free consultation.
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