Family & Medical Leave Act & CFRA Lawyer
Your health and family come first. If your employer has denied your right to take leave under the Family and Medical Leave Act (FMLA) or retaliated against you for using it, Fraigun Law Group will fight to protect your rights. Let’s hold them accountable so you can focus on what matters most.
The Family and Medical Leave Act (FMLA) is a cornerstone of employee protections, ensuring individuals can care for their health and families without fear of losing their jobs. However, many workers in Los Angeles face challenges when asserting these rights, ranging from outright denial of leave to retaliatory actions upon their return. Marina Fraigun, an employment attorney serving Sherman Oaks and the San Fernando Valley, is a relentless advocate for employees navigating FMLA violations, ensuring justice is served.
What is the Family & Medical Leave Act?
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for qualifying reasons such as:
• The birth or adoption of a child.
• A serious health condition.
• Caring for a family member with a critical illness.
In California, the California Family Rights Act (CFRA) extends these rights, allowing leave to care for additional family members, such as domestic partners or siblings. The law also works in tandem with the Pregnancy Disability Leave (PDL), providing broader protections for expectant mothers.
Facts About the Family & Medical Leave Act & CFRA
• 12 weeks of unpaid, job-protected leave: Eligible employees are entitled to take leave for specific family and medical reasons.
• Retaliation remains a top issue: Over 40% of employees who take leave report facing adverse actions when they return to work.
• California expands protections: The California Family Rights Act (CFRA) enhances FMLA protections, covering more family relationships and offering additional benefits.
In a high-pressure job market like Los Angeles, these protections are crucial for maintaining balance between work and life, but violations are far too common.
Unfair FMLA Practices in the Workplace
Even with clear legal protections, employers often engage in unlawful behaviors, including:
• Denying an eligible employee’s leave request.
• Retaliating against employees for taking leave by demoting or firing them.
• Refusing to reinstate employees to their previous roles after leave.
• Intimidating employees to discourage them from requesting leave.
• Misclassifying employees as ineligible to avoid compliance.
These practices create an environment of fear and uncertainty, particularly in industries where time off is viewed unfavorably.
Types of FMLA Violations
FMLA violations generally fall into three categories:
• Denial of Leave: Refusing leave for qualifying reasons.
• Retaliation: Punishing employees for taking or requesting leave.
• Interference: Obstructing employees from using their rights through intimidation or excessive bureaucracy.
Denial of leave
Some employers wrongfully claim that employees are ineligible or that their situation doesn’t qualify under the FMLA, leaving employees without crucial time to recover or care for loved ones.
Retaliation
Retaliation includes negative performance reviews, demotions, or termination following an employee’s use of FMLA leave. These actions violate federal and state protections.
Interference
Interference happens when employers make it unnecessarily difficult for employees to take leave, such as requiring redundant medical certifications or failing to inform employees of their eligibility.
California Laws that Protect Employees Under the FMLA
California builds on FMLA protections with additional laws, including:
• California Family Rights Act (CFRA): Expands the FMLA to include domestic partners, grandparents, grandchildren, and siblings. It also allows leave for more family-related reasons.
• Pregnancy Disability Leave (PDL): Provides up to four months of leave for pregnancy-related medical conditions, separate from FMLA or CFRA leave.
• Paid Family Leave (PFL): Offers partial wage replacement for employees taking leave to bond with a new child or care for a seriously ill family member.
These laws ensure that California employees have some of the strongest workplace protections in the nation.
What Qualifies as an FMLA Violation?
An FMLA violation occurs when employers deny or interfere with your rights or retaliate against you for exercising them. Common examples include:
• Refusing leave despite medical certification.
• Demoting or firing an employee after their return from leave.
• Threatening employees for requesting leave.
• Demanding excessive or irrelevant documentation to deter leave requests.
• Misclassifying an employee’s status to avoid FMLA compliance.
How Do I Prove an FMLA Violation?
Proving an FMLA violation requires strong evidence and a clear connection between your employer’s actions and your protected rights. Key steps include:
• Document Everything: Keep records of your leave request, medical certifications, and any correspondence with your employer.
• Track Retaliatory Behavior: Document any adverse actions, such as demotions or termination, that occurred after your leave.
• Gather Witness Statements: Identify coworkers who can corroborate your claims.
• Save Performance Reviews: Compare your reviews before and after leave to show patterns of retaliation.
Fraigun Law Group will guide you through this process, ensuring all evidence is properly organized and presented to strengthen your case.
What Should I Do if I’m a Victim of an FMLA Violation?
• Understand Your Rights: Know that you are protected under both federal and California laws.
• Document Incidents: Keep detailed records of conversations, emails, and adverse actions related to your leave.
• Consult an Attorney Immediately: Marina Fraigun can evaluate your case, identify the violation, and advise you on next steps.
• Avoid Retaliation: Remain professional and avoid reacting emotionally to your employer’s actions.
Acting swiftly ensures your rights are protected and your case is built on solid ground.
The Process of Filing a Complaint
1. Initial Consultation: Marina reviews your case, ensuring all relevant details are captured.
2. Evidence Collection: Collect documentation, medical certifications, and any correspondence related to your leave.
3. Formal Complaint Submission: Marina files the complaint with the DOL or appropriate state agency.
4. Investigation: The agency contacts your employer, reviews evidence, and determines the validity of your claims.
5. Litigation or Settlement: If necessary, Marina will represent you in court to fight for your rights and seek compensation.
Why Choose Fraigun Law Group for Your FMLA Case?
When your FMLA rights are violated, you need a dedicated advocate who knows how to fight back. Marina has extensive experience holding employers accountable in Los Angeles. Her personalized approach, relentless drive, and proven strategies ensure your voice is heard and justice is served.
Common Questions about FMLA Violations
Understanding your rights under the Family and Medical Leave Act (FMLA) is crucial when navigating workplace challenges. Many employees face confusion about eligibility, employer responsibilities, and how to take action when their rights are violated. California’s additional state laws, like the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL), provide further protections, but understanding how these laws intersect can feel overwhelming. Below are detailed answers to the most common questions about FMLA violations, supported by the legal protections that back them.
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CAN MY EMPLOYER DENY LEAVE IF I’VE PROVIDED MEDICAL DOCUMENTATION?
No, your employer cannot deny FMLA leave if your medical documentation meets the requirements outlined in the FMLA or CFRA. According to federal law, documentation from a healthcare provider confirming a serious health condition or the need to care for a family member is sufficient. Employers cannot require excessive or unnecessary certifications, and denial based on insufficient paperwork can constitute interference, which violates FMLA protections.
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WHAT SHOULD I DO IF I’M DEMOTED AFTER RETURNING FROM FMLA LEAVE?
If you’ve been demoted, this could be a form of retaliation, which is illegal under the FMLA and CFRA. Employers are required to reinstate employees to the same or an equivalent position after their leave. Retaliation, such as demotions, pay cuts, or reduced responsibilities, is prohibited under these laws. Contact Fraigun Law Group immediately to evaluate your case and hold your employer accountable.
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CAN I TAKE LEAVE FOR MORE THAN 12 WEEKS?
The FMLA caps leave at 12 weeks in a 12-month period. However, California laws expand this protection:
Pregnancy Disability Leave (PDL): Provides up to 4 months of leave for pregnancy-related medical conditions, which is separate from FMLA or CFRA leave.
CFRA: Allows employees to take additional leave for bonding with a child or caring for family members, in certain cases extending beyond the federal limit.These state-level laws ensure California employees have more options for extended leave when needed.
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HOW LONG DO I HAVE TO FILE AN FMLA VIOLATION COMPLAINT?
Under the federal FMLA, you generally have two years from the date of the violation to file a complaint with the Department of Labor (DOL). If the violation was willful, the statute of limitations extends to three years. California law may provide additional timelines for claims under the CFRA or related laws. Acting quickly ensures evidence is preserved and your case is as strong as possible.
Why Knowing Your FMLA Rights Matters
Understanding your rights under the FMLA and CFRA can be the difference between protecting your job and losing it unfairly. These laws are designed to provide employees with the security they need during life’s most challenging moments, but employers don’t always comply willingly. When your rights are violated, having an experienced attorney like Marina Fraigun ensures you’re equipped to take action. If you believe your FMLA rights have been violated, don’t hesitate to reach out to the Fraigun Law Group for guidance. Marina is here to fight for your rights, protect your job, and hold employers accountable.
How Fraigun Law Group Can Help
At the Fraigun Law Group, we know that FMLA violations affect more than just your job—they disrupt your health, family, and future. Marina Fraigun is committed to fighting for employees who have been denied their rights, offering unwavering support and sharp legal experience to secure the justice you deserve. Contact the Fraigun Law Group today, and let Marina take the lead in protecting your rights and holding your employer accountable.