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.

What is the Family and Medical Leave Act (FMLA)?

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:

Up to 12 weeks of unpaid leave within a 12-month period for:
- The birth and care of a newborn child.
- The adoption or foster care placement of a child.
- The employee’s own serious health condition.
- Caring for an immediate family member (spouse, child, or parent) with a serious health condition.

Up to 26 weeks of unpaid leave within a 12-month period to care for a family member who is a service member with a serious injury or illness.

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.

What is FMLA Retaliation?

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:

Termination: An employer fires an employee for taking FMLA leave or upon returning from FMLA leave.
Demotion: An employer demotes an employee, giving them a lower-paying or less prestigious job after they return from FMLA leave.
Discipline: An employer issues disciplinary warnings or negative performance evaluations that are directly tied to the employee’s use of FMLA leave.
Reduction of Hours or Pay: An employer reduces the employee’s pay or work hours after they take FMLA leave.
Hostile Treatment: The employee is subjected to unfair treatment, such as increased scrutiny, exclusion from meetings, or denial of opportunities for promotions or raises, because they took FMLA leave.

Legal Protections Against FMLA Retaliation in California

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.

Proving FMLA Retaliation

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:

The Employee Was Eligible for FMLA Leave

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.

The Employee Exercised Their Right to FMLA Leave

You must show that you took FMLA leave, requested FMLA leave, or were otherwise entitled to FMLA protections.

The Employer Took Adverse Action Because of the FMLA Leave

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:

Close timing between your leave and the adverse action (e.g., being fired or demoted shortly after returning from leave).
Negative comments or behavior from supervisors or HR regarding your FMLA leave.
A pattern of discrimination against other employees who took FMLA leave.
Documentation of performance issues only arising after you requested or took FMLA leave.

How an Attorney Can Help with an FMLA Retaliation Claim

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:

Evaluate Your Case

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.

Gather Evidence

Proving retaliation requires strong evidence, and an attorney will help you gather the necessary documentation, witness statements, and other evidence to support your case.

Filing a Complaint

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.

Negotiating with Employers

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.

Litigating Your Case

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.

Legal Remedies for FMLA Retaliation

If your case if successful you may be entitled to various remedies, including:

Reinstatement

If you were wrongfully terminated, you may be entitled to reinstatement to your former position or an equivalent job.

Back Pay

Compensation for lost wages and benefits that resulted from the retaliatory action.

Front Pay

If reinstatement is not feasible, you may be awarded compensation for future lost earnings.

Liquidated Damages

In some cases, employees can receive liquidated damages, which effectively double the amount of back pay owed.

Attorney’s Fees and Court Costs

Your employer may be required to pay your attorney’s fees and court costs.

Contact Us Today

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.

Los Angeles FMLA Retaliation Lawyer