Stockton FMLA Lawyer

Stockton FMLA Attorney

Whether you’re taking time off from work to deal with a serious medical issue, care for a sick relative, or welcome a new baby into the family, the Family and Medical Leave Act (FMLA) offers qualified employees job protections. When an employer decides to ignore those protections and violate the law, turn to a Stockton FMLA lawyer. An experienced attorney at Fulton Law Corporation can fight to defend your rights and pursue compensation you may be entitled to.

What Is the Family and Medical Leave Act?

The FMLA protects workers who need to take extended time off to recover from a medical condition, care for a family member who’s suffering from a serious illness or injury, or care for and bond with a new child. FMLA allows eligible employees to take up to 12 weeks of leave with guaranteed job protection. When they return to work, they are generally entitled to be reinstated to their previous role or placed into a comparable role.

Keep in mind that FMLA does not offer paid leave, but California has other laws that may cover this. The state’s Paid Sick Leave and Paid Family Leave laws provide compensation to employees taking time away from work for medical or family reasons, though the duration of payment varies.

Eligibility for FMLA

Because FMLA has strict eligibility requirements, it should be no surprise that only about 56% of employees qualify for protected leave under the law. To be eligible for FMLA leave, you must meet the following requirements:

• You work for a company with at least 50 employees working within 75 miles of the workplace.
• You’ve worked for the employer for at least one year.
• Within the past 12 months, you’ve worked at least 1,250 hours before going on leave.

You must request leave to qualify for FMLA protections. Outside of very specific conditions, you cannot simply take off and then retroactively receive coverage under FMLA.

Signs an Employer Is Violating FMLA

Despite federal law establishing and protecting your right to take leave to manage an illness or care for a family member, many employers choose to violate the law. In fact, the Wage and Hour Division of the Department of Labor took action against 301 employers in 2025 alone.

Violations can include denying eligible leave or unreasonably delaying approval, firing or demoting an employee for requesting or taking leave, or failing to reinstate them to their previous position upon their return.

Additionally, pressuring employees not to take leave or to return early from leave may also be a violation of the law. It’s important to speak with an attorney right away if you believe your employer is violating the FMLA.

How a Stockton FMLA Attorney Can Help

If you’re taking FMLA leave, the last thing you want to worry about is collecting evidence of violations from your employer or filing a claim against them. That’s when you can turn to a Stockton FMLA attorney. FMLA laws can be difficult to understand, but a knowledgeable lawyer knows what evidence to look for and how to prove your employer infringed on your rights.

A Stockton FMLA lawyer can review your case, collect evidence, and file your claim with the U.S. Department of Labor. They also protect you from further mistreatment and represent you in settlement negotiations or court proceedings. Your lawyer will handle all correspondence on your behalf, ensuring you can focus on your health and your family rather than your case.

FAQs

What Are the Odds of Winning a Wrongful Termination Claim Related to FMLA?

The odds of winning a wrongful termination claim for an FMLA violation in California ultimately come down to the strength of your evidence. With strong, compelling evidence backing you up, you’re more likely to secure compensation. It’s also important to assess what you’d consider a win. Does receiving a settlement offer count as a win for you? Or do you want a judge or jury to rule in your favor in court.

How Expensive Is an FMLA Claim Against Your Employer?

The cost of an FMLA claim against your employer can vary significantly based on the complexity of your case, the cost of your lawyer, and the duration of the claim. Simple cases overseen by cheaper attorneys that resolve quickly will almost certainly cost less than challenging claims managed by experienced lawyers that take years to settle.

What if My Employer Eliminated My Position While I Was on FMLA Leave?

If your employer eliminated your position while you were on FMLA leave, they must reinstate you to a comparable position upon your return. They must have had a legitimate business reason to eliminate the role, and they cannot subject you to lower pay or materially worse working conditions without justification. Failure to provide an equivalent position can violate the FMLA.

What if I Was Pressured to Not Take FMLA Leave or Return Early?

If you were pressured not to take FMLA leave or return early by your employer, they may be in violation of the law. If eligible, you are entitled to take 12 weeks of leave to recover from a medical issue or care for a family member. Your employer cannot try to keep you from taking leave, and they cannot push you to end your leave early to come back to work.

Hire an FMLA Lawyer From the Fulton Law Corporation

When you’re dealing with a serious medical condition, caring for a sick loved one, or welcoming a new baby into your home, the last thing you want to worry about is fighting your employer over FMLA violations. That’s a job for an experienced attorney. Hire an FMLA lawyer to protect your rights and fight for the compensation you deserve.

Contact the team at the Fulton Law Corporation on Roseville Blvd. in Sacramento today to discuss your case and learn how we can help. Regardless of the nature of the case, we give each client the dedicated attention they deserve. We know how FMLA violations can weigh on you, and we’re here to guide you with compassion and conviction, providing steadfast advocacy every step of the way.

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