Glendale FMLA Violations Attorney

The Family and Medical Leave Act (FMLA) requires many employers in California and throughout the U.S. to allow workers to take certain amounts of unpaid time off for certain covered reasons. Unfortunately, some employers commit FMLA violations.

Employees may take legal action in these circumstances. If you suspect this is an option available to you, review your case with a Glendale FMLA violations attorney at the Law Offices of Eric A. Boyajian, APC, Employment Lawyer for more information about your rights.

Reasons to Exercise Your FMLA Rights

The FMLA doesn’t apply to all employers. It applies if an employer:

  • Is a public agency (including a school)
  • Is a private sector company employing a minimum of 50 employees for a minimum of 20 workweeks in the current calendar year or the preceding calendar year

If an employer is a private sector company, the FMLA also applies to joint employers (A joint employer situation is where two or more entities are considered the employer, e.g., a staffing agency and its client, the hiring entity. The FMLA also applies to successor companies, such as where a new company purchased the old company’s employer.

Under the FMLA, employees can take up to 12 weeks of unpaid, job-protected time off in a 12-month period for reasons such as:

  • A child’s birth/caring for a newborn within one year of its birth
  • Caring for a newly adopted child or a new foster child within one year of placement
  • Caring for a child, parent, or spouse with a serious health condition
  • Recovering from or receiving treatment for a serious health condition that interferes with an employee’s ability to do their job
  • A “qualifying exigency” may arise if their spouse, parent, or child is a covered a military member who is currently on “covered active duty”

Workers may also be eligible to take up to 26 work weeks of time off in 12 months to assist in caring for a covered service member afflicted by a major injury or serious illness. A service member includes both current members of the Armed Forces, and Veterans who were active within the five years preceding their medical treatment. A worker is eligible for this time off if the service member is a parent, child, spouse, or next of kin.

Glendale FMLA Violations: Common Examples

How an employer may commit an FMLA violation comes in many potential forms. Often, they fall into one of these two categories:

  • Denial of leave: Some employers blatantly deny employee leave requests. Or, when employees make such requests, they might at least pressure said employees into not taking time off.
  • Retaliation: An employer may be unable to prevent a worker from taking time off if they have a right to do so under the FMLA. However, they might nevertheless retaliate against an employee who exercises their rights under the FMLA. This might involve firing said employees, disciplining them, denying them a promotion/raise they have earned, or engaging in other such forms of mistreatment or discrimination. Additionally, an employer may retaliate against an employee who files a complaint or otherwise calls attention to the fact that they were not granted leave.

Review your case with a legal professional who has experience representing clients like yourself if you’re not sure whether the nature of an employer’s actions represents a violation of the FMLA. The experts at our Glendale FMLA violations law firm will answer any questions you may have about this topic.

How a Glendale FMLA Violations Law Firm Can Help

You have legal options when an employer violates the FMLA. Learn more about those options by discussing your case with a Glendale FMLA violations attorney at the Law Offices of Eric A. Boyajian, APC, Employment Lawyer. We’re prepared to help you ensure justice is properly served. Get started today by contacting us online or calling us at 818-839-5969.

Contact Us To Schedule A Time To Meet With A Lawyer

If you think you have encountered any illegal activity in the workplace, call the Law Offices of Eric A. Boyajian, APC, Employment Lawyer to discuss your circumstances. From offices in Glendale, we represent clients throughout California. Call us at 818-839-5969 or contact us by sending us a message through our contact form here.