FMLA Violations Attorneys
Experienced legal representation for fmla violations matters across all 50 states.
About FMLA Violations
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. FMLA violations occur when covered employers interfere with employees' FMLA rights or retaliate against them for exercising those rights. The law applies to employers with 50 or more employees within a 75-mile radius, and employees must have worked for the employer for at least 12 months and at least 1,250 hours during the preceding 12-month period to be eligible.
FMLA violations fall into two primary categories: interference and retaliation. Interference occurs when an employer prevents, discourages, or obstructs an employee from taking or using FMLA leave. This can include refusing to authorize leave for qualifying conditions, requiring employees to find their own replacements, failing to notify employees of their FMLA rights, counting FMLA absences against the employee under an attendance policy, or failing to restore the employee to the same or an equivalent position upon return. Retaliation occurs when an employer takes adverse action — such as termination, demotion, reduced hours, or negative performance reviews — because the employee requested, took, or was associated with FMLA leave.
Navigating FMLA claims requires careful analysis of eligibility requirements, qualifying reasons for leave, notice obligations, medical certification procedures, and the complex interaction between FMLA leave and other leave policies, short-term disability, workers' compensation, and the Americans with Disabilities Act. An experienced FMLA attorney can evaluate whether your employer has violated the law, calculate your damages including lost wages, lost benefits, and emotional distress, and pursue your claim through negotiation, administrative proceedings, or litigation in federal court.
Why You Need a FMLA Violations Attorney
The FMLA was enacted to help workers balance their job responsibilities with serious family and medical needs without having to choose between their health or family and their livelihood. Before the FMLA, workers who needed to take time off for a medical condition, the birth of a child, or to care for a seriously ill family member often lost their jobs. Despite the law's protections, FMLA violations remain widespread — the Department of Labor estimates that millions of eligible workers face obstacles when attempting to exercise their FMLA rights.
FMLA violations can have devastating consequences. An employee who is fired for taking medical leave loses not only their income but often their health insurance coverage precisely when they need it most. Workers who are retaliated against may be discouraged from seeking necessary medical treatment. An FMLA attorney helps protect workers' rights to take leave when they need it and holds employers accountable for violations that can upend workers' lives and health.
Common FMLA Violations Cases
Denial of FMLA Leave
Employers refusing to grant leave for qualifying conditions, including their own serious health conditions, caring for a spouse, child, or parent with a serious health condition, or the birth or adoption of a child.
Termination During or After FMLA Leave
Firing an employee while on approved FMLA leave or shortly after returning, often under pretextual reasons such as restructuring, performance issues, or position elimination.
Failure to Restore Position
Not returning the employee to the same position or an equivalent position with the same pay, benefits, and working conditions upon return from FMLA leave.
Counting FMLA Absences Against Employees
Including FMLA-protected absences in attendance point systems or using FMLA leave as a negative factor in performance evaluations, promotion decisions, or disciplinary actions.
Failure to Provide Required Notices
Not providing employees with FMLA eligibility notices, rights and responsibilities notices, or designation notices within the timeframes required by DOL regulations.
Retaliation for Taking Leave
Demoting, disciplining, reducing hours, changing job duties, or creating a hostile environment for employees who request or take FMLA leave.
Intermittent Leave Interference
Discouraging, denying, or penalizing employees for using intermittent FMLA leave for chronic conditions that require periodic absences for treatment or flare-ups.
Typical FMLA Violations Case Timeline
Case Evaluation and Evidence Review
1–2 weeksThe attorney reviews your employment records, medical documentation, FMLA paperwork, performance evaluations, and communications to assess whether a violation occurred.
Demand Letter and Negotiation
1–3 monthsA formal demand is sent to the employer outlining the FMLA violations and seeking remedies. Some employers prefer to resolve FMLA disputes through settlement at this stage.
Filing Lawsuit
1–2 monthsUnlike discrimination claims, FMLA lawsuits do not require filing with an administrative agency first. A complaint is filed directly in federal or state court.
Discovery
6–12 monthsBoth sides exchange relevant documents including personnel files, FMLA records, medical certifications, emails, and employer policies. Depositions of key witnesses are taken.
Summary Judgment Motions
2–4 monthsEither party may file a motion asking the court to rule in their favor without trial. The court evaluates whether genuine disputes of material fact exist.
Trial
3–7 daysIf the case is not resolved through settlement or summary judgment, it proceeds to a jury or bench trial where the employee must prove the FMLA violation and resulting damages.
Know Your Rights
- You are entitled to up to 12 weeks of unpaid, job-protected leave in a 12-month period for your own serious health condition, to care for a family member with a serious health condition, for the birth or adoption of a child, or for qualifying military exigencies.
- You can take FMLA leave intermittently — in separate blocks of time or by reducing your normal weekly schedule — when medically necessary for your own serious health condition or to care for a family member.
- Your employer must maintain your group health insurance coverage during FMLA leave on the same terms as if you were still working.
- Upon returning from FMLA leave, you must be restored to the same position or an equivalent position with the same pay, benefits, and terms of employment.
- Your employer cannot count FMLA-protected absences against you under a no-fault attendance policy.
- You do not have to specifically mention the FMLA to trigger its protections — providing enough information for your employer to determine that leave may qualify is sufficient.
- You have two years (or three years for willful violations) to file an FMLA lawsuit after the violation occurs.
What to Look for in a FMLA Violations Attorney
When seeking an FMLA attorney, look for experience specifically with FMLA interference and retaliation claims, as these cases involve unique legal standards distinct from other employment law claims. The attorney should understand the complex interaction between FMLA leave and other laws including the ADA, state family leave laws, workers' compensation, and short-term disability programs. Ask about their experience with intermittent leave cases, which are particularly contentious and require detailed documentation. Your attorney should be familiar with DOL regulations governing notice requirements, medical certifications, and the restoration obligation, as procedural errors by employers are often central to FMLA claims. Inquire about their track record with both negotiated settlements and courtroom litigation, as FMLA cases frequently go to trial. Most plaintiff-side FMLA attorneys work on contingency, and the FMLA allows courts to award attorney's fees to prevailing plaintiffs.
Questions to Ask Your FMLA Violations Attorney
- 1Am I eligible for FMLA leave based on my employer's size, my length of employment, and my hours worked?
- 2Does my medical condition or family situation qualify as a "serious health condition" under the FMLA?
- 3Did my employer follow the proper notice and certification procedures required by DOL regulations?
- 4What evidence supports that my employer's adverse action was motivated by my FMLA leave rather than a legitimate business reason?
- 5Can I pursue both an FMLA claim and an ADA claim based on the same facts?
- 6What damages am I entitled to, including back pay, front pay, liquidated damages, and attorney's fees?
- 7How does my state's family and medical leave law interact with the federal FMLA?
Understanding FMLA Violations Legal Costs
FMLA attorneys on the plaintiff side typically work on a contingency fee basis, charging 33% to 40% of the total recovery. The FMLA provides for an award of reasonable attorney's fees, expert witness fees, and costs to prevailing plaintiffs, which helps offset the cost of litigation. Some attorneys may use a hybrid fee structure combining a reduced contingency rate with a partial hourly rate for complex cases. FMLA claims can be pursued without first filing an administrative charge, which reduces the initial time and cost compared to Title VII discrimination claims. Initial consultations are generally offered at no charge, allowing you to discuss your situation and receive a preliminary assessment of your claim.
Key Legal Terms
Video Resources
These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.
FMLA Explained - Family and Medical Leave Act
The Business Professor
Employment Law Basics: Your Rights at Work
LawShelf
What is FMLA Leave? Employment Law Essentials
Branigan Robertson
Frequently Asked Questions About FMLA Violations
Citations & Sources
- [1]The FMLA covers approximately 56% of all U.S. workers, with an estimated 13.5 million workers taking FMLA leave annually. — U.S. Department of Labor, FMLA Survey
- [2]An estimated 14.5 million workers needed FMLA leave but did not take it, often citing inability to afford unpaid leave or fear of job loss. — U.S. Department of Labor
- [3]Over 3,000 FMLA-related lawsuits are filed in federal court each year, making it one of the most litigated employment statutes. — Federal Judicial Center
- [4]The FMLA provides for damages including lost wages, employment benefits, and other compensation, plus an equal amount in liquidated damages for willful violations. — 29 U.S.C. § 2617
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