What to Do If Your Family or Medical Leave Rights Are Violated

Family and medical leave laws are designed to protect workers when they need time off for important life events, such as serious illness, childbirth, or caregiving. Under both the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), employees have legal rights that should not be violated. However, not all employers comply with these laws, and violations can leave employees feeling powerless.

In this blog, we’ll cover the steps you can take if your family or medical leave rights are violated and how a personal injury lawyer can help protect you.

Understanding Your Rights Under CFRA and FMLA

Before taking any action, it’s crucial to understand what your rights are under CFRA and FMLA. Both laws allow eligible employees to take up to 12 weeks of unpaid leave for specific family and medical reasons, such as:

• Caring for a newborn or adopted child.
• Recovering from a serious health condition.
• Caring for a family member with a serious illness.

To qualify, you must work for an employer with at least 50 employees within 75 miles, and you need to have been employed for at least 12 months, with 1,250 hours of work during that period.

While CFRA and FMLA are similar, there are differences in what’s covered, so it’s important to know which law applies to your situation. CFRA is specific to California, while FMLA is a federal law that covers employees nationwide.

Common Violations of Family and Medical Leave Rights

Unfortunately, not all employers respect these rights. Here are some common ways family and medical leave rights are violated:

• Denial of Leave Requests: Employers may refuse to grant leave to eligible employees, even when their request falls under CFRA or FMLA protections.
• Interference with Leave: Some employers discourage or make it difficult for employees to take leave, such as by imposing unnecessary paperwork or pressuring them to work while on leave.
• Retaliation After Leave: Employees may face negative consequences like demotion, reduced hours, or even termination after returning from leave.
• Failure to Restore Position: An employer might refuse to return the employee to their original position or offer a lesser role, even though they are legally required to provide the same or an equivalent job after leave.

Steps to Take If Your Leave Rights Are Violated

If you believe your employer has violated your leave rights, here are the steps you should take to protect yourself:

1. Document Everything

Start by keeping thorough records of your situation. This includes copies of your leave requests, any written or emailed communications with your employer, and any documents related to the denial or changes in your position after leave. This documentation will be invaluable if you need to pursue legal action.

2. Review Your Company’s Policies

Check your company’s internal policies on family and medical leave. Some employers offer protections beyond what is required by law, and it’s possible that your employer is not even following their own guidelines.

3. Consult Your Employee Handbook

Most companies provide employees with a handbook that outlines leave policies and how to resolve disputes. Familiarize yourself with these guidelines to make sure your rights are being upheld.

4. File a Complaint with Human Resources

If you believe your leave rights have been violated, file a formal complaint with your HR department. This provides the company with an opportunity to correct the situation and can be a critical step if you decide to pursue legal action later.

When to Contact a Personal Injury Lawyer

If your situation isn’t resolved through HR or if you face retaliation or termination after taking leave, it’s time to consult a personal injury lawyer who specializes in employment law. Here are some key signs that legal intervention may be necessary:

• Retaliation or Termination: If you’re demoted, given less favorable work, or fired after taking leave, this could be a clear case of retaliation, which is illegal under both CFRA and FMLA.
• Refusal to Reinstate: Employers are required to reinstate you to your original job or an equivalent position when you return from leave. If they fail to do so, you may have a valid legal claim.
• Denial of Benefits: If your health insurance or other benefits were discontinued while you were on leave, your employer may have violated the law. A lawyer can help ensure you get the compensation you deserve.

A personal injury lawyer can gather the evidence needed to support your case and provide legal guidance on the best course of action.

Filing a Claim with the Department of Labor or California’s Department of Fair Employment and Housing (DFEH)

If your employer refuses to address your complaint, you can file a claim with either the U.S. Department of Labor (DOL) or California’s Department of Fair Employment and Housing (DFEH). Both agencies enforce leave rights and investigate potential violations.

The process typically involves submitting a formal complaint and providing documentation of the violation. From there, the agency will investigate and attempt to resolve the issue. A lawyer can guide you through this process, ensuring that all necessary paperwork is completed and deadlines are met.

Potential Remedies and Compensation

If your leave rights have been violated, there are several legal remedies available:

• Job Reinstatement: If you were wrongfully terminated or your position wasn’t restored, you may be entitled to get your job back.
• Back Pay and Benefits: You may be able to recover lost wages and benefits if you were unfairly terminated or demoted after taking leave.
• Damages: In some cases, you can seek damages for emotional distress caused by the violation.
• Legal Fees: If your case is successful, you may be able to recover your attorney’s fees as part of the compensation.

Conclusion

Family and medical leave is an essential right for employees, and violations of these rights can have a significant impact on your life. If you believe your rights have been violated, it’s important to act quickly, document everything, and seek legal advice from a qualified personal injury lawyer.

If you have any questions or need assistance with your case, feel free to reach out to Cartwright Law Firm Inc. We’re here to help you protect your rights and get the justice you deserve.