Many people think the FMLA is just about getting unpaid time off, but it’s much more than that. It’s a set of powerful legal protections designed to safeguard your job and health benefits during critical life events. When employers don’t respect these protections, it’s not just unfair—it’s illegal. Violations can range from an outright denial of your leave request to subtle forms of retaliation after you return to work. Knowing your rights is the first step to defending them. The law is backed by serious consequences, and understanding the penalties for FMLA violations can empower you to take action and protect your livelihood.
Key Takeaways
- Recognize the signs of a violation: An FMLA violation isn’t just a denied request. It can also be subtle, like your employer discouraging you from taking leave, failing to provide required notices, or retaliating against you after you return.
- Document every interaction: Your most powerful first step is to keep a detailed record. Save all emails, forms, and written communication, and take notes on any verbal conversations about your leave to build a strong foundation for your claim.
- Know your options for taking action: You can hold your employer accountable by filing a complaint with the Department of Labor or pursuing a private lawsuit. These actions can help you recover lost wages and benefits, and potentially get your job back.
What Counts as an FMLA Violation?
The Family and Medical Leave Act (FMLA) provides crucial job protection when you need to take time off for specific family and medical reasons. But these rights are only meaningful if your employer respects them. Unfortunately, violations happen more often than you might think. They aren’t always as obvious as a flat-out denial. An FMLA violation can be any action your employer takes that interferes with, restrains, or denies your ability to take the leave you’re entitled to. Understanding what these violations look like is the first step toward protecting your rights. From outright refusal to subtle discouragement, knowing the signs can help you identify when your employer has crossed a legal line.
Your Employer Denied Your Leave
This is one of the most straightforward FMLA violations. If you are an eligible employee with a qualifying reason for leave, your employer cannot legally refuse your request. Common violations include an employer simply denying your FMLA leave even though you qualify. For example, if you need to care for a newborn child or manage a serious health condition and have met all the FMLA requirements, a denial is a clear breach of the law. Sometimes, an employer might try to claim your situation doesn’t qualify when it does, or they might incorrectly state that you haven’t worked enough hours to be eligible. If you’ve submitted the proper paperwork for family and medical leave and get a “no,” it’s time to look closer.
You Weren’t Given Proper Notice
Your employer has a legal duty to inform you about your FMLA rights. This isn’t just a courtesy; it’s a requirement. Employers must provide specific notices to employees explaining their rights and responsibilities under the FMLA. This includes displaying a general FMLA poster, providing information in an employee handbook, and giving you a notice of your eligibility and rights within five business days of your leave request. If your employer fails to give you this information, it can be considered a violation. Without this notice, you might not know you’re entitled to leave or how to request it, which directly interferes with your ability to exercise your rights when you need them most.
You’re Facing Retaliation
Taking FMLA leave should not put your job in jeopardy. The law explicitly protects you from being punished or treated unfairly for using or asking about your FMLA rights. Any form of retaliation at work is a serious violation. Retaliation can take many forms, including being fired, demoted, or having your pay cut after you return from leave. It can also be more subtle, like being excluded from important meetings, receiving an undeservedly poor performance review, or being reassigned to a less desirable position. If you notice a negative change in your employment status that seems connected to your FMLA leave, your employer may be breaking the law.
Your Employer Is Interfering With Your Rights
Interference is a broad category that covers any action your employer takes to discourage you from taking FMLA leave. It happens when an employer stops or discourages an employee from using their FMLA rights. This can include using your FMLA leave as a negative factor in employment decisions, such as for promotions or bonuses. It could also involve making the application process unnecessarily difficult, repeatedly questioning the validity of your medical certification, or pressuring you not to take leave. Creating a hostile work environment to make you feel guilty or worried about taking time off is also a form of interference. Essentially, if your employer’s actions undermine your ability to take leave, they are likely violating the FMLA.
What Financial Penalties Do Employers Face for FMLA Violations?
When an employer violates your rights under the Family and Medical Leave Act (FMLA), it’s more than just unfair—it’s illegal. The law has specific penalties in place to hold companies accountable and compensate employees for the harm caused. These consequences aren’t just a slap on the wrist; they involve significant financial costs that are designed to make employers think twice before interfering with your legally protected leave.
If your employer has denied your FMLA request, retaliated against you for taking leave, or failed to reinstate you to your position, you may be entitled to financial compensation. The goal of these penalties is to make you “whole” again, as if the violation never happened. This can include recovering lost wages, benefits, and other monetary damages. Understanding these potential outcomes is a crucial first step in deciding how to move forward and protect your rights. An experienced employment law attorney can help you assess your situation and determine the compensation you may be owed.
Fines for Willful Violations
When an employer knowingly breaks the rules, the Department of Labor can impose direct fines. A willful violation isn’t an honest mistake; it’s a conscious decision to disregard FMLA regulations. For example, if an employer repeatedly fails to provide required FMLA notices to employees, they can’t just claim ignorance. The financial penalties for these actions can be substantial. According to industry analysis, fines for not following FMLA notice rules can be $204 per willful violation. While that might not sound like much on its own, these fines can add up quickly across multiple employees and instances, creating a significant financial burden for the non-compliant company.
Recovering Back Pay and Lost Benefits
One of the most direct financial consequences for an employer is having to compensate you for what you’ve lost. If you were wrongfully denied leave or terminated, you are entitled to recover the income and benefits you missed out on. As one legal resource explains, “Employers who violate FMLA might have to pay you for lost wages, lost benefits, and other damages.” This includes your regular salary or hourly pay, as well as the value of benefits like health insurance coverage, retirement contributions, and accrued paid time off. The objective is to restore you to the financial position you would have been in had your employer followed the law.
Understanding Liquidated Damages
In addition to repaying what you lost, an employer may be ordered to pay an equal amount in what’s known as “liquidated damages.” This essentially doubles the compensation you receive. Liquidated damages are awarded in cases where the employer cannot prove they acted in good faith. As explained in a report on FMLA mismanagement, these damages mean an employer might have to pay extra money equal to the wages and benefits an employee lost. This penalty serves as a powerful deterrent, discouraging companies from violating FMLA rights by making it a costly mistake. It acknowledges the real, though sometimes intangible, harm that comes from having your rights violated.
Covering Attorney Fees and Court Costs
The FMLA includes a provision that helps level the playing field between an employee and their employer. Taking legal action can be expensive, but you shouldn’t have to bear that cost when your rights have been violated. If you file a lawsuit and win your case, the court can order your employer to pay for your legal expenses. This means that if you are successful, “the court might make your employer pay for your legal fees.” This critical provision ensures that you can afford to hire a qualified attorney to fight for you without worrying about the financial burden, allowing you to seek justice regardless of your financial situation.
What Are Your Legal Options After an FMLA Violation?
Discovering that your employer has violated your FMLA rights can feel disheartening and overwhelming. You might feel powerless, but you have powerful legal protections and several paths you can take to hold your employer accountable. The law provides clear options for employees who have been wronged, whether your leave was denied, you were demoted, or you faced retaliation for taking time off you were entitled to.
Your next steps depend on your specific situation and what you hope to achieve. You can file an official complaint with the government agency that enforces the FMLA, or you can take direct legal action by filing a private lawsuit. Each option has its own process and potential outcomes, from recovering lost wages to getting your job back. Understanding these choices is the first step toward standing up for your rights and securing the justice you deserve. It’s about turning a difficult situation into an opportunity to reclaim your professional stability and peace of mind.
File a Complaint with the Department of Labor
One of the most direct ways to address an FMLA violation is to file a complaint with the U.S. Department of Labor (DOL). The agency’s Wage and Hour Division is responsible for investigating these claims. When you file a complaint, the DOL will look into the situation, gather evidence, and determine if your employer failed to comply with the law. If they find a violation, they will work to resolve the issue.
Should your employer refuse to correct the problem, the Department of Labor has the authority to take them to court on your behalf. This option allows you to use the federal government’s resources to enforce your rights without having to hire a lawyer yourself, making it an accessible first step for many employees.
Pursue a Private Lawsuit
You don’t have to go through the Department of Labor to seek justice. You also have the right to file a private lawsuit directly against your employer for FMLA violations. This approach gives you more control over your case and is often the most effective way to recover damages for the harm you’ve suffered. Working with an experienced employment law attorney can help you build a strong case to present in court.
Filing a lawsuit allows you to seek specific outcomes, such as compensation for lost wages, benefits, and other financial losses. It also sends a clear message to your employer that you will not tolerate illegal actions. An attorney can handle the legal complexities, from filing the initial claim to negotiating a settlement or representing you at trial.
Get Your Job Back
If you were fired for taking FMLA leave, one of the most powerful remedies available is reinstatement. A court can order your employer to give you your job back, along with any seniority and benefits you would have earned had you not been illegally terminated. This is a crucial option if your primary goal is to return to your position and restore your career path.
In addition to reinstatement, a successful claim can help you recover financially. Employers who violate the FMLA may be required to pay for your lost wages, benefits, and other damages. They might also have to cover your attorney’s fees and court costs, removing the financial burden of fighting a wrongful termination. This ensures you are made whole again, both professionally and financially.
Know the Deadlines for Willful Violations
It’s critical to act quickly, as there are strict deadlines for filing an FMLA claim. Generally, you have two years from the date of the violation to file a complaint or lawsuit. However, this window extends to three years if the employer’s violation was “willful.” A willful violation means your employer knew their conduct was illegal or showed reckless disregard for your rights.
Proving a willful violation can be complex, but it can significantly impact your case by giving you more time to take action and potentially leading to greater damages. Because these deadlines are firm, it’s important to speak with an attorney as soon as you suspect your family and medical leave rights have been violated to ensure you don’t miss your opportunity to file.
How to Report an FMLA Violation
If you believe your employer has violated your FMLA rights, it’s easy to feel overwhelmed and unsure of what to do next. Taking action can feel intimidating, but there’s a clear path you can follow to protect yourself and hold your employer accountable. The key is to be methodical, stay organized, and understand your options. By following a few key steps, you can build a strong case and ensure your voice is heard. Whether you decide to handle it internally or file a formal complaint, knowing the process can give you the confidence to move forward.
The process generally involves four main stages: gathering your evidence, deciding where to report the issue, filing a formal complaint if necessary, and acting before the legal deadlines expire. Each step is designed to build upon the last, creating a solid foundation for your claim. It’s about moving from uncertainty to action, armed with the right information and documentation. Remember, the FMLA was created to protect you, and there are established procedures to enforce those protections. You don’t have to navigate this alone, and taking the first step is often the most powerful one you can make.
Document Everything
Your first and most important step is to create a detailed record of everything related to your FMLA leave and the potential violation. Think of yourself as a detective building a case—every piece of evidence matters. Keep copies of all FMLA requests, medical certifications, emails with HR or your manager, and any other written correspondence. It’s also wise to take detailed notes of any conversations, including the date, time, and what was discussed. This documentation is crucial because it serves as concrete proof if you need to demonstrate that a violation occurred. A strong paper trail can make all the difference in proving your claim and protecting you from workplace retaliation.
Report Internally or Go External?
Once you have your documentation in order, you need to decide where to report the issue. Many people start by addressing their concerns internally. You can tell your HR department or manager in writing about the potential violation. This approach can sometimes lead to a quick resolution and shows you made a good-faith effort to solve the problem directly with your employer. However, if you’re not comfortable speaking with HR or you fear it could make the situation worse, you have other options. You are not required to report internally first. Trust your judgment—if an internal report feels unsafe or unlikely to succeed, you can move directly to an external agency.
File with the Wage and Hour Division
If reporting internally doesn’t work or isn’t an option, your next step is to file a formal complaint with an external agency. You can file a complaint with the Wage and Hour Division (WHD) of the U.S. Department of Labor, which is the federal body responsible for investigating FMLA violations. When you file a complaint, the WHD will launch an official investigation into your employer’s conduct. This process is designed to be impartial and thorough, giving you a formal channel to have your case reviewed. An investigator will gather facts, review your evidence, and determine if your employer failed to comply with the law.
Act Before the Deadline
It’s critical to act quickly, as there are strict deadlines for filing an FMLA claim. Generally, you must report a violation within two years from the date it occurred. This is known as the statute of limitations. If the violation was willful—meaning your employer knew they were breaking the law or showed reckless disregard for it—the deadline extends to three years. Missing this window can unfortunately mean losing your right to take legal action. Because these deadlines are so firm, it’s a good idea to seek advice as soon as you suspect a violation. Understanding your FMLA protections and timelines is the best way to ensure you don’t miss your opportunity for justice.
What Can You Recover in an FMLA Claim?
If your employer has violated your FMLA rights, you can take legal action to recover the financial losses you’ve suffered. The goal of an FMLA claim is to make you “whole” again—in other words, to put you back in the financial position you would have been in if the violation had never happened. This isn’t just about getting your job back; it’s about being compensated for the wages, benefits, and other damages you incurred because your employer broke the law.
Depending on the specifics of your case, you may be able to recover several types of damages. These can range from the salary you lost while you were out of work to additional penalties designed to hold your employer accountable. Understanding what you’re entitled to is the first step in fighting for your rights.
Lost Wages and Economic Damages
The most direct financial harm from an FMLA violation is often the loss of income. If you were wrongfully terminated, denied leave, or demoted, you can sue for the wages you should have earned. This includes not just your regular salary but also any bonuses, commissions, and raises you missed out on. The court will calculate the total amount of back pay you are owed from the date of the violation up to the judgment.
Employers who violate the FMLA may have to pay you for any lost wages and other actual monetary losses. For example, if you had to pay for caregiving services out of pocket because your leave was denied, that could also be included in your economic damages. The aim is to fully compensate you for the direct financial hit you took because of your employer’s illegal actions.
Lost Benefits and Other Compensation
Your compensation is more than just your paycheck. It also includes valuable benefits like health insurance, life insurance, and contributions to your retirement plan. If you lost these benefits due to an FMLA violation, you can recover their value. For instance, if you had to pay for your own health insurance coverage after being wrongfully fired, your employer could be ordered to reimburse you for those costs.
In some cases, you may also be able to get your job back. This is known as reinstatement, and it’s a powerful remedy that restores you to your original position or an equivalent one. An experienced attorney can help you determine if reinstatement is a viable option for your situation and fight to restore both your job and your benefits.
Seeking Double Damages
In addition to your direct losses, you may be entitled to what are known as “liquidated damages.” This is an extra amount, typically equal to your lost wages and benefits, effectively doubling your recovery. These damages are awarded to compensate you for the hardship caused by the violation and are presumed to be appropriate in FMLA cases.
The only way an employer can avoid paying liquidated damages is by proving to the court that they acted in good faith and had reasonable grounds to believe their actions were not a violation of the law. This is a high bar to clear, and it’s often difficult for employers to prove. Securing these “double damages” can make a significant difference in the outcome of your case, which is why understanding your rights under the Family and Medical Leave Act is so important.
Common Myths About the FMLA, Debunked
The Family and Medical Leave Act (FMLA) is a crucial protection for employees, but it’s surrounded by a lot of confusion. Misinformation can prevent you from exercising your rights or cause unnecessary stress during an already difficult time. Let’s clear up some of the most common myths so you know exactly where you stand.
Myth: FMLA Is Unlimited Paid Leave
One of the biggest misconceptions is that FMLA provides paid time off. In reality, the FMLA guarantees eligible employees up to 12 weeks of unpaid, job-protected leave per year. The key benefit is that your employer must hold your job (or an equivalent one) for you until you return, and your health benefits must be maintained.
While FMLA itself is unpaid, you may be able to use your accrued paid time off, like vacation or sick days, to receive a paycheck during your leave. Additionally, California has its own Paid Family Leave (PFL) program that can provide partial wage replacement. It’s important to see these as separate benefits that can sometimes work together to support you during your time away from work.
Myth: You Can’t Be Fired While on FMLA
While it’s illegal for your employer to fire you because you requested or took FMLA leave, this protection isn’t a shield against all forms of termination. Your job is protected, but you can still be let go for reasons completely unrelated to your leave. For example, if your company undergoes a legitimate round of layoffs that would have included your position regardless of your leave status, the termination may be legal.
The same goes for performance-related issues that were documented before you took leave. However, if you suspect your termination was a form of retaliation for taking the time off you’re legally entitled to, that’s a serious violation. The timing of a firing can be a red flag for a wrongful termination claim.
Myth: Any Sickness Qualifies for FMLA
Calling in sick with the flu for a few days doesn’t automatically qualify you for FMLA. This leave is specifically for serious health conditions that prevent you from performing your job or require you to care for a family member with a serious health condition. The law defines a “serious health condition” as an illness, injury, or condition that involves inpatient care or continuing treatment by a health care provider.
Other qualifying reasons for family and medical leave include the birth and care of a newborn child, the placement of a child for adoption or foster care, or certain urgent needs arising from a family member’s military service. A common cold or a minor, short-term illness typically won’t meet the FMLA’s criteria.
Myth: Your Boss Can Deny Your Request for Any Reason
If you are an eligible employee and your reason for leave is covered by the FMLA, your employer cannot legally deny your request. To be eligible, you must have worked for your employer for at least 12 months, logged at least 1,250 hours in the past year, and work at a location where the company employs 50 or more people within a 75-mile radius.
If you meet these requirements and provide proper notice for a qualifying reason, your employer is obligated to grant your leave. Denying a valid FMLA request is a direct violation of your rights. If your employer is pushing back, questioning your need for leave, or outright denying your request without a valid legal reason, it may be time to consult with an employment law attorney.
What Happens During a Department of Labor Investigation?
If you’ve filed a complaint about an FMLA violation, you’ve taken a brave and important step. Now, you’re probably wondering what comes next. When you file a complaint, the U.S. Department of Labor (DOL) steps in to investigate. This isn’t something your employer can ignore. The DOL’s Wage and Hour Division (WHD) is tasked with looking into these claims to see if your employer has broken the law. It’s a formal process designed to protect your rights and hold companies accountable. Let’s walk through what you can expect.
The Investigation Process Explained
Once your complaint is filed, a WHD investigator gets to work. Their main job is to gather the facts. This usually involves contacting your employer to get their side of the story, reviewing payroll and attendance records, and looking over the company’s FMLA policies. The investigator might also interview you, your colleagues, and your supervisors to get a full picture of what happened. The goal is to determine if your employer’s actions violated FMLA regulations. If the investigator finds a violation, they will first try to resolve the issue with your employer informally.
How Cases Are Resolved
If the DOL finds that your employer did violate your FMLA rights—whether by denying your leave, failing to reinstate you, or retaliating against you—there are several ways the case can be resolved. The DOL will push for your employer to correct the situation. This often means you could be entitled to recover back pay for the time you were wrongfully out of work and any other monetary losses you suffered. If your employer refuses to cooperate, the DOL can take legal action against them. This ensures that employers face real consequences for violating your rights.
Penalties for Failing to Provide Notice
Sometimes, an FMLA violation isn’t as obvious as being fired. Employers are legally required to provide employees with clear notice of their FMLA rights. If they fail to do this, they can face penalties. For willful violations of these notice requirements, the penalty can be over $200 for each separate offense. While that might not sound like much, these fines can add up quickly, especially in a large company. This rule exists to make sure you are fully informed about your family and medical leave options, preventing employers from keeping you in the dark.
Why Is It Hard to Report FMLA Violations?
Even when you know your employer has violated your rights under the Family and Medical Leave Act (FMLA), taking the next step can feel overwhelming. It’s completely normal to feel hesitant or anxious about reporting a violation. You’re not just dealing with a policy issue; you’re dealing with your job, your income, and your professional reputation. Many people worry about rocking the boat or what might happen after they speak up.
Understanding these challenges is the first step toward overcoming them. The most common hurdles employees face are a legitimate fear of retaliation from their employer, confusion about their specific rights under the law, and concerns about their private medical and family situations becoming public knowledge. These are all valid concerns, but it’s important to know that the law provides protections to help you handle this process safely. Recognizing these barriers can empower you to seek the right support and take action with confidence.
The Fear of Retaliation
One of the biggest reasons people don’t report FMLA violations is the fear of what their employer might do in response. Employees often hesitate because they worry about retaliation, which can show up as job loss, a demotion, or even being iced out by coworkers. This fear can be a major barrier, as you might worry about being labeled “difficult” or facing other negative consequences for simply standing up for your rights.
It’s a scary thought, but you should know that the law is on your side. Firing or punishing an employee for exercising their FMLA rights is illegal. In fact, if your employer takes action against you for reporting a violation, you may have a separate legal claim for retaliation at work.
Not Knowing Your Rights
The FMLA can be complicated, and it’s easy to feel unsure about what is and isn’t allowed. Many employees stay silent about violations simply because they are unaware of their rights or the protections the law gives them. This lack of knowledge can lead to confusion about how to report an issue or what might happen if they file a complaint. Some employers may even count on this uncertainty.
You don’t need to be a legal expert to know when something feels wrong. If your employer is making it difficult for you to take leave or is penalizing you for it, that’s a red flag. Taking a moment to understand your basic family and medical leave rights is a powerful first step in protecting yourself and your job.
Worrying About Confidentiality
Your reason for taking FMLA leave is often deeply personal, whether it’s for your own health, a new child, or a sick family member. Concerns about confidentiality can definitely deter employees from reporting violations. The fear of having your private situation exposed or becoming office gossip can prevent you from taking action, especially if you feel your job security is on the line.
When you file a formal complaint with an agency like the Department of Labor, there are procedures in place to handle your case with discretion. Another option is to discuss your situation with an employment law attorney. Your conversation is completely confidential, giving you a safe space to understand your options before deciding on your next move.
When Is It Time to Call an Employment Lawyer?
While you can often resolve minor workplace issues on your own, FMLA violations can get complicated quickly. Knowing when to bring in a professional can make all the difference in protecting your job and your rights. If you find yourself in a situation that feels overwhelming, or if your employer is unresponsive or hostile, it might be time to seek legal advice. An experienced employment lawyer can help you understand your options and build a strong case, ensuring you don’t have to face a difficult situation alone.
Your Case Is Complicated
If your FMLA request was denied for unclear reasons, or if your attempts to resolve the issue internally have gone nowhere, your situation may be more complex than it seems. You have the right to file a complaint with the U.S. Department of Labor (DOL), which investigates FMLA violations. However, navigating the formal complaint process can be challenging. An attorney can help you gather the right evidence, meet strict deadlines, and present your case clearly, ensuring every detail is handled correctly from the start. They can also manage all communication with your employer and the DOL, letting you focus on your health and family without the added stress of managing a legal claim.
Your Employer Is Retaliating
Taking FMLA leave is a federally protected right. Your employer cannot punish you for requesting or using it. According to the DOL, they cannot “treat you unfairly (discriminate) or punish you (retaliate) for using or trying to use FMLA leave.” If you return to work and find you’ve been demoted, your pay has been cut, you’re being excluded from meetings, or you’ve been fired, you may be a victim of retaliation at work. Retaliation can also be more subtle, like a sudden negative performance review or being assigned to an undesirable shift. This is a serious violation, and you should contact an employment lawyer immediately to protect your rights and livelihood.
You Want to Ensure the Best Outcome
When your job and income are on the line, you want to be sure you’re taking the right steps to secure the best possible result. An attorney can help you pursue all the compensation you’re entitled to, which can include lost wages, benefits, and other damages. In many cases, employers who violate the FMLA may also have to cover your attorney’s fees. You generally have two options: filing a complaint with the DOL or pursuing a private lawsuit. A lawyer can advise you on which path makes the most sense for your specific situation and fight to get you the justice you deserve, helping you move forward with confidence.
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- 7 Red Flags of FMLA Violations by Employers
- FMLA Violations by Employers | Know Your Rights
Frequently Asked Questions
What’s the very first thing I should do if I think my FMLA rights were violated? Before you do anything else, start writing everything down. Create a timeline of events, save all emails and messages related to your leave request, and make notes of any conversations you had with your manager or HR. This detailed record is your most powerful tool. Having clear documentation will help you organize your thoughts and will be incredibly valuable if you decide to file a complaint or speak with an attorney.
Does FMLA apply to my job if I work for a small business? Not always. The FMLA generally applies to private companies with 50 or more employees within a 75-mile radius. It also covers public agencies and schools, regardless of their size. To be eligible yourself, you must have worked for your employer for at least 12 months and for at least 1,250 hours over the past year. If you work for a smaller company, you might not be covered by the FMLA, but state laws could still offer similar protections.
Can my boss ask for details about my medical condition? Your employer can ask for a medical certification from a healthcare provider to confirm that you have a serious health condition that qualifies for FMLA leave. However, they are not entitled to know your specific diagnosis or private medical details. The certification form is standardized to provide only the necessary information, such as the expected duration of your leave, without violating your privacy. If your manager is pressing you for personal health information, they may be crossing a line.
What if I can’t afford to hire an employment lawyer? This is a very common and understandable concern. Many employment law firms, including Bluestone Law, work on a contingency fee basis. This means you don’t pay any fees upfront. The attorney only gets paid if they win your case, typically as a percentage of the settlement or award. The FMLA also includes a provision that can require your employer to pay your legal fees if you win, which makes seeking justice more accessible for everyone.
Will I get in more trouble for reporting my employer? The law specifically protects you from being punished for exercising your FMLA rights. If your employer fires, demotes, or otherwise penalizes you for filing a complaint or a lawsuit, that is illegal retaliation. This would give you grounds for a separate legal claim against them. While the fear of retaliation is real, remember that the law is designed to shield you from exactly that kind of behavior.