Habla Español
Call Us Today (949) 379-6250
The Family and Medical Leave Act (FMLA) is a crucial federal law that grants eligible employees the right to take unpaid, job-protected leave for specific family and medical reasons. This law provides employees with the ability to balance work responsibilities with personal or family health needs without fear of losing their jobs. However, some employers may retaliate against employees for exercising their FMLA rights.
Contact our Los Angeles retaliation attorney to discuss your legal options today. Schedule your free consultation today.
The FMLA is a federal law enacted in 1993 to protect employees’ rights to take unpaid leave for specific family or medical reasons. Under the FMLA, eligible employees are entitled to:
During FMLA leave, employees have the right to continue their group health insurance coverage and are entitled to reinstatement to their original job or an equivalent position upon returning to work.
FMLA retaliation occurs when an employer takes negative employment actions that are a direct response to an employee’s use of FMLA leave, their request for FMLA leave, or their involvement in an FMLA-related complaint or investigation. Common examples include:
The California Family Rights Act (CFRA) is a state law that provides job-protected leave to eligible employees in California. It operates similarly to the federal Family and Medical Leave Act (FMLA) but offers broader protections in several key areas. The CFRA can be found under California Government Code §§ 12945.1–12945.2 and enforced by the California Civil Rights Department (CRD). Under the CFRA, eligible employees may take up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying reasons, including:
To qualify for CFRA leave, the employee must:
Unlike the FMLA, the CFRA does not cover pregnancy-related disability leave—that falls under California’s Pregnancy Disability Leave (PDL) law. However, PDL and CFRA can be used consecutively, allowing up to seven months of total leave in certain cases. The CFRA also guarantees employees the right to return to the same or comparable position at the end of their leave and prohibits employers from interfering or retaliating against employees.
One of the most common forms of FMLA or CFRA retaliation occurs when employees are fired, demoted, or treated unfairly after returning from protected leave. California law strictly prohibits this kind of adverse treatment. If you return from family or medical leave and experience any of the following, you may be facing unlawful retaliation:
Employers often claim the termination or demotion was based on “performance” or “restructuring,” but if the timing is suspicious and the reason is inconsistent or unsupported, courts may infer retaliation.
Under the FMLA, it is illegal for employers to retaliate against employees for exercising their rights under the law. Section 2615 of the FMLA explicitly prohibits employers from interfering with, restraining, or denying the exercise of FMLA rights. This includes any retaliatory actions taken as a result of an employee’s FMLA leave or their participation in an FMLA-related complaint or investigation.
Additionally, California has its own family and medical leave laws that provide further protections for employees. For instance, the California Family Rights Act (CFRA) also allows employees to file claims if they experience retaliation for taking family or medical leave.
To successfully bring a claim of FMLA retaliation, you must prove that the adverse action taken by your employer was directly related to your use of FMLA leave. This typically requires demonstrating three key elements:
You must be eligible for FMLA protections, which means you must have worked for the employer for at least 12 months, worked at least 1,250 hours during the previous 12 months, and be employed at a location where the employer has at least 50 employees within a 75-mile radius.
You must show that you took FMLA leave, requested FMLA leave, or were otherwise entitled to FMLA protections.
Evidence that your employer took adverse action (such as termination, demotion, or discipline) because of your FMLA leave. This is often the most challenging aspect to prove, as employers may claim that the adverse action was based on legitimate, non-FMLA-related reasons.
Examples of evidence that may support a retaliation claim includes:
FMLA retaliation cases can be legally complex, and proving retaliation often requires detailed evidence. An experienced employment lawyer can significantly improve your chances of success in an FMLA retaliation case. They will:
A medical leave retaliation attorney in Los Angeles will evaluate the details of your situation to determine if you have a valid FMLA retaliation claim. They will review the timing of events, the employer’s actions, and any documentation related to your FMLA leave.
Proving retaliation requires strong evidence, and an attorney will help you gather the necessary documentation, witness statements, and other evidence to support your case.
Your attorney can assist in filing a complaint with the Department of Labor’s Wage and Hour Division, or in some cases, they may help you file a lawsuit in federal court if necessary.
Many FMLA retaliation cases are resolved through negotiation before going to trial. An attorney will represent your interests and negotiate with your employer to reach a fair settlement.
If your case goes to court, your attorney will present your case, argue on your behalf, and work to secure the best possible outcome. They will handle all aspects of litigation, including discovery, motions, and trial representation.
If your case if successful you may be entitled to various remedies, including:
If you were wrongfully terminated, you may be entitled to reinstatement to your former position or an equivalent job.
Compensation for lost wages and benefits that resulted from the retaliatory action.
If reinstatement is not feasible, you may be awarded compensation for future lost earnings.
In some cases, employees can receive liquidated damages, which effectively double the amount of back pay owed.
Your employer may be required to pay your attorney’s fees and court costs.
The statute of limitations for filing an FMLA retaliation claim depends on whether you are pursuing the claim under federal law (FMLA) or California state law (CFRA).
You have 2 years from the date of the retaliatory act to file a claim. If the retaliation was willful, the deadline extends to 3 years.
A willful violation means the employer either knew it was violating the law or showed reckless disregard for the law. Courts interpret “willful” broadly, especially when the employer has a history of prior complaints or clear knowledge of FMLA obligations.
You must file a retaliation claim under the California Family Rights Act (CFRA) within 3 years from the date of the adverse action. Claims are filed with the California Civil Rights Department (CRD) (formerly DFEH). Before filing a lawsuit in court for a CFRA retaliation claim, you must first obtain a Right to Sue Notice from the CRD. You can request immediate notice or go through the department’s investigation process.
FMLA retaliation is a serious violation of employees’ rights under federal law. If you believe you have been retaliated against for exercising your FMLA rights, it is essential to understand the legal protections available to you and take action to protect yourself. Contact us for a free consultation today.