Violation of FMLA Rights
The Family and Medical Leave Act ensures that covered employers must provide eligible employees up to 12 weeks of unpaid leave per year for the birth of child, placement of a child for adoption or foster care, care of a family member with a serious health condition, and when the employee has a serious health condition. The FMLA makes it unlawful for the employer to interfere with the employee’s FMLA rights, and they are not permitted to terminate an employee for taking leave under the FMLA.
If you believe your employer has violated your FMLA rights, you must contact a California FMLA rights lawyer from The Nourmand Law Firm right away. We will fight aggressively for your rights and ensure that you can recover for damages incurred.Definition of the Family Medical Leave Act
According to 29 U.S.C. Section 2601(b), the purpose of the Family Medical Leave Act is as follows:
- To balance the demands of the workplace with the needs of families, to promote stability and economic security of families, and to promote national interests in preserving family integrity.
- To entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition
- To accomplish [these] purposes…in a manner that accommodates the legitimate interests of employers…
The FMLA does not cover all employers or employees, and in some situations, small employers and new employees are excluded under the FMLA. The FMLA defines eligible employees as those who have worked for an employer for at least 12 months and have provided at least 1,250 hours of service.
Employers are only subject to FMLA laws if they employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Eligible employees under the FMLA do not include employees that work for an employer who employs less than 50 employees within a 75-mile radius of the worksite.Examples of FMLA Violations
Employers are responsible for the following:
- Determining employees eligible for leave
- Evaluating and confirming leave duration
- Reviewing intermittent and reduced scheduled leave
- Record-keeping of all notices, designations and certification of FMLA leave
If you are an employee who is eligible for leave and your employer refuses to grant you leave, your employer is in violation of FMLA rights. Some examples of FMLA violations include:
- Termination after an employee takes leave because of a serious health condition and is not able to return to work when the employer wants them to be there
- Employer changes employee’s role after the return to work following leave for the birth of a child
- Termination after an employee returns to work following leave to take care of a family member who is suffering from a serious health condition
- Termination when an employee complains that the employer is in violation of FMLA rights
If you have been terminated or discriminated against because of a violation of FMLA rights, you must contact a California FMLA rights lawyer as soon as possible. The FMLA rights lawyers at The Nourmand Law Firm will evaluate your case and aggressively fight for your rights when filing a lawsuit against your employer.
In many cases, the employee is able to recover for the following types of damages:
- Lost wages, salary and employment benefits
- Monetary losses sustained by the employee as a result of the FMLA violation
- Interest on lost wages, salary and monetary losses sustained
- Lost wages, salary, benefits or other compensation in the future because of the FMLA violation
- Attorney’s fees
- Costs of court fees
If you believe your employer is in violation of your FMLA rights, you must contact an experienced California FMLA attorney from The Nourmand Law Firm right away. We will evaluate your case and help you file and win a lawsuit against your employer.