FMLA Violations Attorney – Protecting Your Right to Family and Medical Leave

Need time off for family or medical reasons?

Get experienced legal representation to protect your FMLA rights and fight back against employer violations.

FMLA Violations

The Family and Medical Leave Act (FMLA) guarantees your right to unpaid leave for serious family and medical situations.

If your employer has denied you FMLA leave, retaliated against you for taking protected leave, or interfered with your FMLA rights, you may have a valid legal claim. Phil Flemming has extensive experience representing employees whose FMLA rights have been violated, helping them recover compensation and hold employers accountable for their illegal actions.

Your family and health come first. When employers violate your FMLA rights, we’re here to fight for the protection you deserve.

What is the Family and Medical Leave Act (FMLA)?

The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons.

FMLA Leave Entitlements

You may be entitled to FMLA leave for:

Your Own Serious Health Condition

  • Chronic illnesses requiring ongoing medical treatment
  • Surgical procedures and recovery time
  • Mental health conditions that substantially limit major life activities
  • Pregnancy-related medical conditions
  • Cancer treatment and recovery
  • Heart conditions, diabetes, epilepsy and other serious conditions

Family Member’s Serious Health Condition

  • Spouse, child, or parent with a serious health condition
  • Caring for family members during medical treatment
  • Supporting recovery from serious illness or injury
  • Managing chronic conditions of family members

Birth or Adoption of a Child

  • Bonding time with a new baby
  • Adoption or foster care placement
  • Prenatal care appointments
  • Recovery from childbirth

Military Family Leave

  • Military caregiver leave for injured service members (up to 26 weeks)
  • Qualifying exigency leave for military deployment situations

Employee Eligibility Requirements

To be eligible for FMLA leave, you must:

Employment Requirements

  • Work for a covered employer (50+ employees within 75 miles)
  • Have worked for 12 months (not necessarily consecutive)
  • Have worked at least 1,250 hours in the 12 months before leave
  • Work at a location with 50+ employees within 75 miles

Covered Employers

  • Private employers with 50 or more employees
  • Public agencies (federal, state, local government)
  • Public and private schools regardless of size

Common FMLA Violations

Interference with FMLA Rights

  • Denying eligible employees FMLA leave
  • Discouraging employees from taking FMLA leave
  • Requiring employees to accept light duty instead of FMLA leave
  • Counting FMLA leave against attendance policies
  • Failing to maintain health insurance during FMLA leave
  • Refusing to restore employee to same or equivalent position

Retaliation for FMLA Use

  • Terminating employees for taking FMLA leave
  • Demoting or reducing pay after FMLA leave
  • Negative performance reviews related to FMLA usage
  • Hostile treatment for requesting or taking leave
  • Threats or intimidation regarding FMLA rights

Notice and Certification Violations

  • Failing to provide required notices about FMLA rights
  • Requesting excessive medical certification
  • Delaying approval of clearly qualifying leave requests
  • Requiring periodic recertification more frequently than allowed
  • Demanding return-to-work certifications inappropriately

Recordkeeping Violations

  • Failing to maintain confidential medical records
  • Improper disclosure of employee medical information
  • Inadequate documentation of FMLA leave usage
  • Failure to track leave properly under FMLA regulations

What Damages Can You Recover?

Victims of FMLA violations may be entitled to:

Economic Damages

  • Lost Wages Back pay for time not worked due to violation
  • Lost Benefits Health insurance, retirement contributions, bonuses
  • Promotion Damages Advancement opportunities lost due to FMLA usage
  • Reinstatement Getting your job back if wrongfully terminated
  • Front Pay Future lost earnings if reinstatement isn’t feasible

Liquidated Damages

  • Double damages Additional amount equal to your lost wages
  • Automatic in most cases unless employer proves good faith
  • Significant deterrent against FMLA violations

Additional Remedies

  • Attorney’s Fees and Costs Recoverable from employer in successful cases
  • Injunctive Relief Court orders requiring policy changes
  • Restoration of Benefits Reinstatement of health insurance and other benefits

Types of FMLA Claims

Interference Claims

Elements we must prove:

  • You were eligible for FMLA leave
  • You gave proper notice of need for leave
  • Employer denied or interfered with your FMLA rights
  • You suffered harm as a result

Retaliation Claims

Elements we must prove:

  • You exercised or attempted to exercise FMLA rights
  • Employer took adverse action against you
  • Causal connection between FMLA activity and adverse action

Notice and Designation Claims

  • Employer failed to provide required FMLA notices
  • Improper designation of leave as FMLA-qualifying
  • Failure to count leave toward FMLA entitlement
  • Inadequate communication about FMLA rights and obligations

Employer Obligations Under FMLA

Notice Requirements

  • General FMLA notice must be posted in workplace
  • Eligibility notice within 5 business days of leave request
  • Rights and responsibilities notice explaining FMLA obligations
  • Designation notice confirming whether leave qualifies as FMLA

Job Protection

  • Same or equivalent position upon return from leave
  • Same pay, benefits, and terms of employment
  • No loss of seniority or employment benefits
  • Continued health insurance during leave period

Medical Certification

  • Reasonable time to provide medical certification (at least 15 days)
  • Opportunity to cure deficiencies in medical certification
  • Limited recertification requests (typically every 30 days)
  • Confidentiality of medical information

How We Handle FMLA Cases

Comprehensive Case Analysis

We review your employment history, FMLA requests, employer responses, and any adverse actions to identify all potential violations.

Evidence Gathering

We obtain employer policies, FMLA notices, medical documentation, and witness statements to build the strongest possible case.

Expert Medical Review

We work with medical professionals to establish the validity of serious health conditions and FMLA qualifying events.

Strategic Legal Approach

We develop customized litigation strategies based on the specific FMLA violations and applicable legal standards.

Why Choose Phil Flemming for Your FMLA Case?

Specialized Knowledge

Deep understanding of complex FMLA regulations, Department of Labor interpretations, and evolving case law.

Proven Experience

Successfully represented numerous employees in FMLA violation cases, securing significant settlements and verdicts.

Compassionate Approach

We understand that FMLA situations involve serious family and health issues and provide sensitive, supportive representation.

Filling

Time Limits for FMLA Claims

Don’t wait – there are strict deadlines for FMLA claims:

Federal Court Deadline

  • 2 years from the date of the last FMLA violation
  • 3 years if the violation was willful
  • Statute of limitations may be extended in certain circumstances

Administrative Complaints

  • No requirement to file with EEOC or Department of Labor first
  • Direct federal court filing is permitted
  • State agency complaints may also be available

The sooner you act, the better we can preserve evidence and protect your rights.

Frequently Asked Questions

Your employer can require you to substitute accrued paid leave for unpaid FMLA leave, but they cannot require you to use more leave than you’re entitled to under FMLA.

Employers sometimes incorrectly deny FMLA eligibility. We can review your situation to determine if you actually qualify under federal law.

You can only be terminated for reasons unrelated to your FMLA leave. Employers must be able to prove they would have fired you regardless of the leave.

Employers can request a second opinion at their expense, but they cannot choose the healthcare provider. If opinions conflict, a third opinion may be required.

Take Action Today

Your FMLA rights exist to protect you during life’s most challenging moments.

Don’t let employers violate these important protections when you need them most. Taking legal action not only helps you recover from FMLA violations but ensures these rights are preserved for all employees.

Give Us a Call – No Obligation

  • Complete FMLA rights assessment
  • Review of employer’s actions and policies
  • Explanation of potential legal remedies
  • Timeline for pursuing your claim
Call: 480-261-1092
Consultation

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Your family and health matter. When employers violate your FMLA rights, we fight to restore the protection you deserve. Contact The Flemming Law Firm today.

This page provides general information about FMLA law and should not be considered legal advice. Every case is unique and requires individual evaluation. Contact our office for a confidential consultation about your specific situation.