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At Aegis Law Firm, our experienced retaliation lawyers in Orange County can fight for your rights as an employee. We know how important it is that you have job security while taking medical leave. You should not have to worry that your career is at risk for taking needed time off.
Schedule your free initial consultation today. Call us at (949) 379-6250 or contact us online.
If you have to take time off work for medical reasons, such as recovering from an injury or giving birth to a child, your employer is required by the Family & Medical Leave Act to maintain your current employment status for up to 12 weeks. Most employers are aware of this and will provide the unpaid time off without complaint. Some, however, unlawfully deny their employees the leave they deserve or will find ways to retaliate against them when they return.
If you have been mistreated after taking medical leave or denied your right to one, contact our Orange County medical leave retaliation attorney today.
Employers with at least 50 employees must adhere to the FMLA. In order to take medical leave that is protected under the FMLA, you must meet certain qualifications:
You can take up to 12 weeks of leave in a 12 month period for medical reasons, or 26 weeks of leave in a 12 month period for military purposes. While on leave, you should still have access to your health insurance coverage provided through your employer. If this is not the case or your rights were violated, an employment law lawyer in Orange County can help.
The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. The law aims to help employees balance work responsibilities with family and health-related needs, without fear of losing their job.
Eligible employees may use FMLA leave for reasons such as:
While FMLA leave is unpaid, it ensures that employees can return to the same or an equivalent job once the leave period ends. Employers must also maintain group health insurance coverage during the leave under the same terms as if the employee were still working.
Importantly, FMLA prohibits employers from interfering with leave rights or retaliating against employees who request or take protected leave. If an employer violates FMLA provisions, affected employees may have the right to file a complaint with the U.S. Department of Labor or pursue legal action to recover lost wages, benefits, and reinstatement.
The California Pregnancy Disability Leave Act (PDL) is a state law that provides job-protected leave to employees who are disabled due to pregnancy, childbirth, or related medical conditions. Under the PDL, eligible employees can take up to four months (approximately 88 workdays) of unpaid leave per pregnancy.
PDL applies to all California employers with five or more employees, and there is no minimum length of employment required to qualify. The leave can be taken all at once or intermittently, depending on the employee’s medical needs, and must be supported by a healthcare provider’s certification.
Covered conditions may include severe morning sickness, prenatal complications, doctor-ordered bed rest, childbirth recovery, and postnatal health issues. During PDL, employers must also maintain the employee’s group health insurance on the same terms as if they were working.
PDL is separate from other California leave laws, such as CFRA. This means an employee may be entitled to additional bonding time with their child after PDL ends, potentially extending their total leave period. Employees cannot be retaliated against for requesting or taking PDL.
When you have a medical concern, addressing it should be your first priority. The FMLA was created for that very reason. Some employers will take advantage of employees who do not know or understand the law. Don’t let this happen to you. Reach out to the skilled Orange County FMLA lawyers at Aegis Law Firm today. We’re ready to help.
Your first consultation is offered at no charge, so call (949) 379-6250 today.
Unfortunately, some employers violate state and federal laws when employers take family or medical leave, by denying leave, interfering with an employee’s rights, or retaliating against those who exercise them.
If you experience denial of leave, retaliation, or adverse employment actions—such as termination, demotion, or a reduction in hours—after requesting or taking legally protected leave, you have the right to report your employer’s conduct. In California, you can file a complaint with the Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH). The CRD investigates violations of the CFRA and other state employment laws.
Additionally, you may report FMLA-related violations to the U.S. Department of Labor’s Wage and Hour Division (WHD). These agencies can investigate complaints, help enforce compliance, and may initiate legal action against employers who violate the law. Employees are also protected from retaliation for reporting unsafe working conditions or illegal conduct. If your employer punishes you for asserting your rights, this could constitute unlawful retaliation, which is itself a violation.
It is critical to document all communications, keep copies of medical certifications, and maintain records of your leave requests. If you believe your rights have been violated, consult an employment attorney who can help you navigate the process and determine whether you have grounds for a legal claim.
Taking legal action can result in various types of compensation and potential legal remedies, such as:
Back Pay
You may recover the wages and benefits you lost because of an FMLA violation. This includes any pay you would have earned had you not been wrongfully terminated, demoted, or denied leave. Back pay often covers lost salary, bonuses, overtime, and accrued benefits such as paid time off.
Reinstatement
If you were unlawfully terminated or demoted, the court may order your reinstatement to your former position or a comparable role. This ensures that your career and workplace standing are not permanently harmed by your employer’s unlawful conduct.
Front Pay
If reinstatement is not possible—due to a hostile work environment or job elimination—you may be entitled to front pay. This compensates you for future lost earnings you would have received if your employment had continued.
Liquidated Damages
In cases of willful violations, you may be awarded liquidated damages equal to the amount of your back pay. This effectively doubles your compensation and penalizes employers for knowingly violating FMLA protections.
Out-of-Pocket Expenses
You may recover costs directly related to the violation, such as COBRA health insurance premiums, job search expenses, and medical bills incurred due to a disruption in coverage.
Emotional Distress and Pain and Suffering (under state law)
While the FMLA itself does not provide compensation for emotional distress, related California state laws, such as CFRA or claims under the Fair Employment and Housing Act (FEHA), may allow for damages related to anxiety, depression, or humiliation caused by the employer’s actions.
Attorney’s Fees and Court Costs
If you prevail in your case, you may be entitled to have your legal fees and court costs paid by your employer. This ensures that employees can seek justice without financial hardship.
Punitive Damages (in state law claims)
In particularly egregious cases involving intentional misconduct, fraud, or malice, state courts may award punitive damages to punish the employer and deter similar behavior.
These remedies vary depending on the specific circumstances of your case, the applicable laws, and whether your claim is brought under federal or California law.
When an employer violates your rights under the Family and Medical Leave Act (FMLA), it can affect your health, financial stability, and peace of mind. An experienced FMLA attorney plays a crucial role in protecting your rights and guiding you through the legal process to hold your employer accountable.
Many employees are unsure if they qualify under FMLA. An attorney will assess whether your employer meets the requirements and whether your reason for leave—such as a serious health condition, the birth of a child, or caring for a family member—qualifies under federal law. If your employer denies your leave, retaliates against you, or terminates you for requesting or taking leave, an attorney can help you understand if the action was unlawful.
Employers often try to disguise FMLA violations as performance issues, downsizing, or policy enforcement. A skilled lawyer can investigate whether your rights were violated by reviewing documentation, employment records, correspondence, and medical certifications. They can also help you pursue a complaint with the WHD, or pursue a civil lawsuit for damages.
In addition, an FMLA attorney in Orange County can act as your advocate in negotiations, helping resolve the dispute through settlement or mediation without going to court. If litigation is necessary, your attorney will build a compelling case and represent your interests throughout the trial process. Most importantly, an Orange County FMLA attorney provides peace of mind. You do not have to navigate the complexities of federal employment law alone. Contact us to discuss your legal options today.