Protecting Your Rights in the Workplace
Family, Medical & Pregnancy Leave
My Labor Rights » Practice Areas » Family, Medical & Pregnancy Leave
Standing Up for Employees Facing Unfair Treatment
When life demands that you take time away from work to care for your family or your health, your job should be one less thing to worry about. Unfortunately, not every employer follows the law. Some may attempt to deny your legally protected leave, retaliate against you for taking it, or even terminate your employment unfairly. If you’re facing this kind of treatment, you’re not alone—and you have rights.
At My Labor Rights, we fight aggressively for employees who have been wrongfully denied family, medical, or pregnancy leave. Our experienced network of employment law attorneys understand the emotional and financial toll these injustices can take on you and your family. We’re here to listen, stand by your side, and pursue the compensation you deserve.
Understanding Your Rights Under the Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law designed to protect employees who need to take time off work for qualified family and medical reasons. Eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave within a 12-month period. Your employer cannot interfere with your right to take leave or retaliate against you for using it.
Covered reasons for FMLA leave include:
- Caring for a newborn, adopted, or foster child
- Caring for a spouse, child, or parent with a serious health condition
- Attending to your own serious health condition that prevents you from working
- Handling certain military-related family needs
In addition to FMLA protections, pregnant employees may have additional rights under the Pregnancy Discrimination Act (PDA) and state-specific laws. Employers are required to provide reasonable accommodations for pregnancy-related health issues and cannot treat pregnant employees unfairly or terminate them because of their condition.
Experienced Legal Support for Family, Medical & Pregnancy Leave
Common Violations of Family, Medical & Pregnancy Leave Rights
While the laws are clear, employer misconduct is far too common. Our clients often face these types of violations:
- Unlawful Denial of Leave: Employers may claim you’re ineligible for FMLA leave or refuse your request without valid justification. In many cases, they’re wrong. Our attorneys will investigate your employment history and eligibility to determine if your employer’s actions were unlawful.
- Retaliation for Taking Leave: Your employer cannot punish you for exercising your legal rights. If you’ve faced adverse treatment, like being demoted, reassigned, or terminated after requesting or taking leave, you may have a strong claim for workplace discrimination and unfair termination.
- Failure to Reinstate Your Position: When you’re ready to return to work after FMLA leave, your employer must reinstate you to your original role or an equivalent position. If they refuse or place you in a lesser role, it’s a violation of your rights.
- Pregnancy Discrimination: Employers may try to force pregnant employees out of the workplace or refuse to make reasonable accommodations. If your employer has treated you differently or forced you to take unpaid leave because of your pregnancy, you have legal recourse.
No one should have to endure these kinds of injustices at work. Our experienced employment law attorneys will aggressively pursue justice on your behalf, helping you seek compensation for lost wages, emotional distress, and other damages.
How Can We Help
Our experienced attorneys are well-versed in employment law and have a proven track record of handling complex discrimination cases. We offer support in the following areas:
- Case Evaluation: We analyze your situation to determine if discrimination has occurred and identify the best legal approach.
- Filing Complaints: Assistance in filing complaints with relevant bodies like the Equal Employment Opportunity Commission (EEOC) or state agencies.
- Litigation Support: If needed, we’ll represent you in court to fight for justice and compensation.
- Negotiations: Advocating on your behalf during mediation or settlement discussions.
Signs You May Need an Employment Law Attorney
If you’re unsure whether your employer’s actions are unlawful, consider these warning signs:
- Your request for FMLA leave was denied for unclear or unjustified reasons.
- You were pressured or threatened when you asked for family or medical leave.
- Your employer retaliated against you after taking leave by demoting, reassigning, or terminating you.
- You were fired while pregnant or soon after announcing your pregnancy.
- Your employer refused to make reasonable accommodations for your pregnancy or health condition.
If any of these situations sound familiar, you may have a valid claim. Our network of employment law attorneys will listen to your story, evaluate your case, and advise you on the best course of action.
Employment Law FAQs
Most Common Questions
How much will this cost me?
You don’t have to worry about legal expenses unless we win your case. This ensures our focus remains on getting you fair compensation for your case.
What does employment law cover?
Employment law regulates the complex employer-employee relationship, covering rights and responsibilities such as wage regulations, discrimination protections, workplace safety, wrongful termination, and worker rights like rest and meal breaks, wage an hour issues, and overtime. Employment lawyers, with their experience in this field, navigate these issues to ensure compliance and uphold the rights and obligations of both employers and employees in the workplace.
What is an employment law attorney?
An employment law attorney specializes in state and federal employment laws, advising and representing clients in issues like HR, compliance, contracts, and disputes. Serving as advocates for employers and employees, employment lawyers offer legal guidance, assist in dispute resolution, negotiate contracts, and represent clients in legal proceedings, contributing to a fair and lawful workplace. At My Labor Rights we only represent employees in disputes with their employers.
Do I need an attorney for my employment law claim?
While some individuals resolve disputes through negotiation, situations where agreements aren’t reached often necessitate hiring an employment lawyer. Usually, an employer will bring in legal counsel as soon as there is a potential employment law claim. Individuals may seek legal representation from organizations like the California Civil Rights Department if unable to settle disputes independently. Employment lawyers specialize in handling these issues, safeguarding claimants’ rights and pursuing fair compensation when needed. A contingent fee attorney will not charge you anything unless and until there is a recovery of money.
What counts as wrongful termination in California?
While employers and terminate any at-will employee for any legal reason, employers must have a legal, non-discriminatory reason to fire an employee. If an employer fires an employee because of discrimination, unwillingness to break the law, performance of a legal obligation, the practice of a legal right, or reporting of an employer’s crimes, that would be considered wrongful termination.
How do I choose the right attorney for my employment law claim?
Navigating employment law can be challenging due to the discrepancy in resources between individuals and their employers. Finding an employment lawyer willing to take on your case despite these odds is vital. When seeking the right employment law attorney, prioritize those with a track record of representing workers, who will listen to your story, and who you feel you can trust. Additionally, choose employment lawyers who demonstrate a client-centric approach, ensuring they prioritize your needs, listen to your perspective and story, and advocate fiercely on your behalf.
What are my rights as an employee in California?
An employee in California cannot be discriminated against or retaliated against based on the following categories, according to the FEHA:
• Race (including traits associated with specific races, like hair or body structure)
• Religion
• Ancestry
• Genetic information
• Sex and gender (including pregnancy)
• Gender identity and expression
• Sexual orientation
• Marital status
• Reproductive health decisions (such as abortions or birth control)
• Medical condition (genetic characteristics, long-term illnesses)
• Disability (mental and physical)
• Age (for those over 40)
• Request for medical or family care leave
• Request for Pregnancy Disability leave
• Resisting, reporting, or helping another person report discrimination
• Criminal background (under the Fair Chance Act)
How long do I have to bring an employment law claim?
Time is of the essence. Depending on the basis for your claim, there may be steps you need to take in as little as a year. Certain claims must be brought before a state agency before they can be brought in court. Once a statute of limitations has passed, you will not be able to bring your case in court. So reach out to an employment lawyer as soon as possible to ensure the deadline to bring your case does not pass.
Why Choose Us?
01
Experienced Attorneys
Our team has years of experience in employment law and a proven track record of success.
02
Comprehensive Legal Services
From workplace discrimination to wage disputes, we cover all aspects of employment law.
03
No Win, No Fee
No Win, No Fee means you only pay us if we successfully recover compensation on your behalf. This approach ensures we are fully committed to fighting for justice in your employment case.
