Elk Grove FMLA Lawyer

Elk Grove FMLA Attorney

Both federal and California laws protect your right to use the Family and Medical Leave Act (FMLA). This is used when you need time off work due to an illness, pregnancy, childbirth, or adoption. If your employer denies your use of FMLA or retaliates after you go on FMLA leave, an Elk Grove FMLA lawyer can help you fight back against your hostile work environment.

Hire an FMLA Lawyer

Challenges with FMLA leave or harassment afterwards can leave you feeling stressed. You need an ally who can ensure your rights are not violated.

When you hire an FMLA lawyer from Asbill Law Group, you get a small, dedicated team with high-caliber legal experience. With over a decade of employment law experience, we know how the California Labor Code, the federal Fair Labor Standards Act, and other labor laws apply to your situation.

FMLA Discrimination in the United States

FMLA guarantees public agency employees and certain private sector employees up to 12 weeks of unpaid leave every year under specific circumstances. The leave can be due to an illness, pregnancy, labor, or adoption.

The U.S. Department of Labor tracks FMLA statistics, including compliance actions. During the fiscal year 2024, a total of 349 compliance actions were taken affecting 344 employees. Those employees received a total of $1,482,398 in back wages. The most common FMLA violations included:

• 115 denial of leave violations
• 112 disciplinary actions and other forms of discrimination
• 109 terminations
• 40 failures to reinstate to the same or equivalent positions
• 8 failures to maintain health benefits.

If your FMLA rights were unfairly denied while living in Elk Grove, you can file a complaint with the U.S. Department of Labor Wage and Hour Division, or with the California Civil Rights Department.

If filing a complaint does not resolve your issue, you may need legal help from an Elk Grove FMLA attorney. They can help you file a claim in the Sacramento County Superior Court or the Federal District Court for the Eastern District of California.

Types of FMLA Discrimination

FMLA leave is protected under state and federal laws, but there are instances where employers violate these protections. Knowing what constitutes discrimination can help you recognize violations so you can fight back. Common forms of FMLA discrimination include:

• Refusing to provide the necessary FMLA paperwork
• Denying FMLA leave without justification
• Supervisors or coworkers making disparaging remarks about using FMLA leave.
• Failing to be reinstated at the same or equivalent position
• Retaliating in the form of a demotion, denied promotion, or reduced job responsibilities.
• Excessive scrutiny after FMLA leave
• Disciplinary actions with no prior performance issues
• Reducing work hours
• Termination after returning from leave

Proving FMLA Discrimination

It can be difficult to prove that retaliatory actions are the result of taking FMLA leave. An experienced FMLA attorney can help you present a strong case.

To prove discrimination, you should keep your FMLA request documents and any supporting documents. Record any signs of discrimination or retaliation and gather evidence to counter any justifications made by your employer.

Take note of how you are treated compared with similar employees. This can demonstrate the connection between your use of FMLA leave and the discriminatory behaviors. You can then file a formal FMLA claim against your employer.

FAQs

When Can You File a Claim for FMLA?

You can file a claim for FMLA if you meet one of the covered reasons. FMLA leave can be used for the birth of your child or to care for your newborn within the first year of their life. FMLA can also be used within a year of the placement of a child with your family for adoption or fostering. Some use it to care for a seriously ill family member, including a spouse, child, or parent.

Can an FMLA Claim Be Denied in California?

Yes, there are legitimate reasons why an FMLA claim can be denied in California. A claim can be denied if you do not meet the eligibility requirements to use FMLA or if your request is incomplete. If a request is due to an illness, the claim can be denied if the illness is not considered a serious health condition. If your claim is denied due to interference from your provider, you can gather evidence and appeal the decision.

What Are My Rights Under California FMLA?

FMLA in California guarantees covered employees several protections. When you take FMLA leave, you are entitled to 12 weeks of unpaid leave during any 12-month period. Employers are also required to maintain group health insurance coverage during your leave.

When you return from FMLA leave, your employer is required to offer you the same position or an equivalent one. Your employer is prohibited from denying eligible FMLA leave and engaging in discriminatory behaviors toward any employee who uses FMLA benefits.

How Much Do You Get Paid on FMLA in California?

You do not get paid on FMLA in California. However, eligible employees can opt to use accrued personal or sick leave to cover their FMLA period. Some employers require employees to use accrued leave time when using FMLA leave. If you qualify for California Paid Family Leave, you could be eligible for up to eight weeks of partial pay. This leave can be used to bond with a new baby or care for a sick family member.

What Protections Does FMLA Offer in California?

There are several FMLA protections in California. Employers are prohibited from interfering with the use of FMLA leave. They also cannot discriminate or retaliate against employees who use FMLA leave. Employers are also prohibited from discriminating against potential employees for previous FMLA use. FMLA also requires employers to offer your job back after your leave. If this is not possible, they must find an equal alternative.

Contact Asbill Law Group

It can be frightening to face workplace uncertainty following a difficult illness, pregnancy, or childbirth. You should have the opportunity to focus on regaining your day-to-day routine without fear of retaliation.

If you’ve faced difficulties using FMLA or returning to work following FMLA leave, you need a strong legal team to fight for your rights. Contact Asbill Law Group today to schedule your confidential consultation.