Family Medical Leave Act (FMLA) Discrimination

What is the FMLA?

The FMLA entitles eligible employees with up to 12 weeks of unpaid, job-protected leave per year. The FMLA applies to employers with 50 or more employees within a 75-mile radius. To be eligible, employees must have worked for the employer for at least 12 months and have logged at least 1,250 hours of work within the past 12 months.

Eligible employees can use FMLA leave for various reasons, including:

• • • Caring for a newborn or newly adopted child
    • Caring for a seriously ill family member (spouse, child, parent)
    • Addressing their own serious health or medical condition

During FMLA leave, your employer is obligated to:

• • • Maintain your job: Your position must be held open for your return.
    • Continue your health insurance coverage: Coverage under your employer’s health plan must be maintained.

Examples of FMLA Discrimination

Unfortunately, some employers are not just and subject employees in FMLA Discrimination. FMLA discrimination can take various forms, including:

• • • • • Discouraging FMLA leave: Employers may try to dissuade you from taking leave.
        • Denying legitimate FMLA requests: Employers may unfairly deny your request for leave.
        • Manipulating your schedule: Employers may try to prevent you from accumulating enough hours to become eligible for FMLA leave.

Retaliatory actions against employees who use or request FMLA leave are also considered discrimination. These actions may include:

• • • • • Denial of promotions or raises
        • Withdrawal of job responsibilities
        • Assignment to less desirable roles or shifts
        • Unfair transfers
        • Unlawful termination

If you have been subjected to FMLA discrimination, you can:

File a complaint with the U.S. Department of Labor’s Wage and Hour Division (“WHD”): The WHD may investigate your claim and may take enforcement actions against your employer.

Seek Legal Advice: You may have the right to file a lawsuit against your employer to seek legal remedies. To explore your legal options, consult with an attorney to determine if you have grounds to file a lawsuit for:

• • • • • Approval of your FMLA leave request
        • Reinstatement to your previous position
        • Compensation for lost wages and benefits
        • Reimbursement of expenses incurred due to wrongful termination

If you suspect you have been the victim of FMLA discrimination, contact The Law Office of Stephanie F. Dominguez today at (424) 340-5805 for an initial consultation. We will fight for your rights and help you get the justice you deserve.

Experienced Employment Attorneys Serving Federal & State Employees in Riverside, Los Angeles, San Bernardino, San Diego, and Adjacent Counties.