California FMLA Violation Attorney

Taking on All Cases throughout California

You never know when a medical emergency might occur. From the birth of your children to having to take care of a member of your family with a serious illness, employees sometimes need to take time away from work to deal with these important situations.

According to the Family and Medical Leave Act (FMLA), employers are required to provide their workers with up to 12 weeks of medical leave. However, some companies and corporations neglect FMLA regulations, resulting in unnecessary hardship for their workers. If you have been fired or have lost wages because of a medical emergency, you might be entitled to financial compensation.

Contact Polaris Law Group at (888) 796-4010 to discuss your situation with our employment law attorney today. 

In practice, FMLA leave is usually unpaid, but it protects your job and group health insurance while you are out. In California, many workers can combine federal FMLA leave with rights under state laws, such as the California Family Rights Act, to extend protections or cover additional family members. Understanding which law applies and how they interact is not always straightforward. A California FMLA lawyer can help you determine whether your employer correctly calculated your leave, properly restored you to your job or an equivalent position, and refrained from interfering with or discouraging your use of protected leave.

FMLA also affects how performance reviews, attendance policies, and bonus programs are applied. Employers cannot count protected leave against you when deciding discipline or evaluating your performance. For example, an employer generally cannot use days you were on approved FMLA leave as “occurrences” under a no-fault attendance policy. If you notice that write-ups, schedule changes, or loss of opportunities started right after you requested or returned from protected leave, that may be a sign that your rights are not being respected and that you should seek legal guidance.

What Types of Employees Are Covered Under FMLA?

The Family Medical Leave Act does not cover all employees. In California, employers must have 50 workers who live within a 75-mile radius of their business to be FMLA eligible. An employee needs to have worked for at least 12 months with at least 1,250 hours of service for their employer to be covered under the FMLA.

Coverage can also depend on how your employer tracks time and leave. For hourly workers, the 1,250-hour requirement may be easier to verify, but salaried employees and those with fluctuating schedules sometimes need a closer review of payroll records. Time spent on approved vacation, sick leave, or holidays generally does not count toward the 1,250 hours, so careful calculation is important. A fmla attorney California workers trust will know how to read timesheets, pay stubs, and employer records to confirm whether you meet the threshold or whether your employer incorrectly claimed that you were not eligible.

In addition, some workers may be covered by FMLA even if they have had a break in service with the same employer. Prior employment periods can sometimes be added together to reach the 12-month requirement, depending on the length of the break and company policies. Employees of public agencies and certain school districts may also have different coverage rules. Because these details can change how much protection you have, getting a clear explanation of your status early can help you avoid mistakes, such as resigning when you might have job-protected leave available.

Violations can also occur when employers interfere with your ability to take leave in the first place. This may include refusing to provide the required FMLA notices, delaying or denying leave without a valid reason, or pressuring you to return to work before your healthcare provider says you are ready. Some employers retaliate more subtly, by cutting hours, changing shifts to less desirable times, or excluding employees from training and advancement opportunities after they request protected leave. These actions can be just as damaging as an outright termination and may still support a legal claim.

Another common issue involves misclassifying time off so that it does not count as FMLA leave when it should, or counting non-FMLA absences against your leave balance. Employers must follow specific timelines and procedures when designating leave, requesting medical certifications, and handling intermittent or reduced-schedule leave. When they fail to follow these rules, employees can lose valuable time off or face discipline that should never have been imposed. A careful review of your paperwork, emails, and company policies can uncover whether your employer violated federal or California leave protections.

What To Do If You Suspect An FMLA Violation

When you believe your employer has mishandled your leave, it can be difficult to know what to do next. Acting quickly and in an organized way can help protect your job and strengthen any future claim. In California, workers have rights under both federal law and state employment protections, so taking a few deliberate steps early on can make it easier to prove what actually happened if a dispute ends up in court or before an agency.

Helpful steps employees can take if they suspect a violation include:

• Gather your documents such as offer letters, handbooks, leave policies, emails with HR, doctor’s notes, and any forms you completed when requesting leave.
• Write down a timeline of when you requested leave, what your employer said, and any changes to your schedule, pay, or position before or after your leave.
• Save pay stubs and schedules so you can show any loss of hours, benefits, or pay that followed your leave request or your return to work.
• Avoid informal agreements that are not in writing, and ask that decisions about your leave or job status be confirmed in email or letters.

In some situations, you may also have the option to file an administrative complaint with a federal agency or pursue claims in a California state court. Each route has deadlines and specific procedures, and choosing the right approach depends on your goals and the facts of your case. Consulting a fmla lawyer California employees can turn to for guidance allows you to review these options in light of California workplace practices, including how local employers and courts often handle similar situations.

How Polaris Law Group Handles FMLA Cases

Understanding how a law firm will approach your case can give you peace of mind at a stressful time. At Polaris Law Group, FMLA matters are treated as part of a broader pattern of workplace conduct rather than as isolated events. The firm reviews not only the leave decision itself, but also your overall treatment at work, performance history, and any other potential violations of California employment laws that may have occurred alongside the FMLA issue.

When you contact the firm, you can expect a focused, streamlined process. After your initial consultation, Attorney Bill Marder evaluates whether your facts support legal claims and, when appropriate, moves quickly to file a lawsuit so that evidence can be preserved. This efficient approach is particularly important in FMLA cases, where emails, timesheets, and internal notes can be lost or overwritten if too much time passes. By acting promptly, the firm seeks to put pressure on employers to explain their decisions and to turn over relevant documents.

The firm’s exclusive focus on employment law also means that FMLA issues are analyzed in the context of related California protections, such as state leave laws and anti-retaliation statutes. Polaris Law Group regularly works with employees from across the state, whether they work for small local businesses or larger companies with operations in cities like Los Angeles, San Jose, or Sacramento. This statewide perspective helps the firm recognize patterns in how different employers handle leave and allows them to tailor strategies to the specific industry and workplace involved in your case.

Contact our law firm or call (888) 796-4010 to get started on your free case consultation.

Frequently Asked Questions

How Much Notice Do I Need To Give Before Taking FMLA Leave?

If your need for leave is foreseeable, such as a scheduled surgery or expected birth, you are generally expected to give at least 30 days’ notice. When an emergency arises and 30 days’ notice is not possible, you should notify your employer as soon as practicable under your workplace’s usual call-in procedures. Providing information about the reason for your absence, without disclosing every medical detail, helps your employer recognize that FMLA may apply.

Can My Employer Ask for Medical Information To Approve FMLA Leave?

Your employer can request a medical certification that confirms you or your family member has a serious health condition and explains the expected duration of leave. However, they are not entitled to your entire medical file or a detailed diagnosis in most situations. Typically, the information is provided on a standard certification form completed by your healthcare provider, and employers must keep this information confidential and separate from regular personnel files.

What Kinds of Documents Should I Keep If I Think My FMLA Rights Were Violated?

It is helpful to keep copies of any written leave requests, emails with your supervisor or HR, and notes from your doctor related to your time off. You should also save pay stubs, schedules, and performance reviews from before and after your leave to show any changes in your hours, pay, or treatment. Notes about conversations, including dates and who was present, can be useful later if there is a disagreement about what was said.

Do I Have To Return to the Exact Same Job After FMLA Leave?

Under FMLA, you are usually entitled to return to the same or an equivalent position with similar pay, benefits, and working conditions. An employer can make some changes to your duties or schedule, but they cannot place you in a role that is significantly less favorable or use your leave as a reason to sideline you. If your job is eliminated for legitimate business reasons unrelated to your leave, your employer should be able to document those reasons clearly.

Speak With Our California FMLA Lawyer Today

At Polaris Law Group, Attorney Bill Marder has a reputation for being efficient and thorough when it comes to FMLA violation cases. He has recovered millions of dollars for clients who were owed unpaid wages or were wrongfully terminated. No matter how complex your case is, he is ready to fight for your legal rights as a worker. Let him put his skills and experience to work for you today.

Many employees wait to reach out because they feel guilty about taking leave or worry that they misunderstood the law. Speaking with a fmla lawyer California employees rely on can help you sort through the facts, understand your options, and decide on a course of action without pressure. During a consultation, you can gather your documentation, discuss your medical and family situation confidentially, and learn how federal FMLA protections interact with California employment laws in your particular workplace.

Contact our law firm or call (888) 796-4010 to get started on your free case consultation.