How do I file a complaint if my FMLA rights are violated?

If you think that your rights under the Family and Medical Leave Act (FMLA) have been violated in California, it is important that you file a complaint promptly. The first step is to contact the U.S. Department of Labor’s Wage and Hour Division (WHD). WHD will investigate and if necessary, take action against the employer if it is found that FMLA rights were violated. You can contact WHD directly by phone, mail, or online. For phone contact, call 1-866-487-9243. When contacting WHD, you should provide your name, contact information, and any information regarding the FMLA rights violation. WHD will also help you file a complaint with the California Department of Fair Employment and Housing (DFEH). To do this, the DFEH will require you to fill out an Employment Discrimination Complaint Form and mail it in or file the complaint online. The form will ask for details on the violations and the action you are seeking from the employer. Finally, you can also hire an attorney or contact an organization such as the National Employment Lawyers Association to assist you with filing a complaint. By contacting either WHD or DFEH and filing a complaint, you can ensure that your FMLA rights were not violated and, if a violation was committed, that you receive the compensation you deserve.

Related FAQs

Are there any restrictions on how much FMLA leave I can take in a 12-month period?
Can I take FMLA leave for an employee's military deployment?
Can I take FMLA leave to care for a seriously ill family member who lives out of state?
Can I take FMLA leave for any family member's health condition?
Are employees entitled to job-protected leave for the death of a family member?
Does the FMLA provide job protection for employees with qualifying exigencies related to a family member's active military service?
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What are the penalties for employers who deny or interfere with FMLA rights?
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