Emery | Reddy, PLLC FMLA attorneys regularly file lawsuits against employers who violate the Family Medical Leave Act (FMLA).

These are the 5 most common FMLA violations we see from Washington State employers:

1. 1. Ignoring leave requests
2. 2. Declaring a medical certification insufficient
3. 3. Asking an employee to work while on FMLA
4. 4. Including FMLA leave in a count of absences
5. 5. Failure to act in good faith

Many employers are unaware that their employees do not have to specifically ask for leave under the FMLA. Employees are not required to mention the FMLA when requesting leave. In fact, assuming adequate notice, simply verbally stating a need for leave is enough.

Family And Medical Leave Act (FMLA) Eligible Employees Are Entitled To:

Twelve work weeks of leave in a 12-month period for:

• The birth of a child and to care for the newborn child within one year of birth.
• The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement.
• To care for the employee’s spouse, child, or parent who has a serious health condition.
• A serious health condition that makes the employee unable to perform the essential functions of his or her job.
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

Twenty-six work weeks of leave during a single 12-month period to care for:

• A covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

See the Washington State Department of Labor and Industries (L&I) Fact Sheet on Employee Notice Requirements under the FMLA for more information.

Do I Need To Hire An FMLA Attorney?

If you believe your employer may have violated your rights under the FMLA, give us a call today. Our experienced legal team can help you determine if you have a case and what your options are. If needed, we can help you bring the case to court or help you negotiate a deal with your employer without ever stepping into a courtroom.

Employment law is complicated and can be overwhelming for anyone not familiar with it. Trying to hold a company accountable for bad business practices requires a skilled attorney on your side to navigate the different laws and tactics an employer may use.

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Wage And Hour Violations

Everyone deserves to be paid a fair wage and on time. Unfortunately, some employers disregard Washington State employment laws and don’t pay their employees what they are owed, resulting in wage and hour violations.

Document Review

A document review is a comprehensive consultation and analysis of your document’s legal language, context, and impact on your worker’s rights as an employee of Washington State.

Wrongful Termination

If you believe you are a victim of wrongful termination, you need an aggressive and experienced legal team to fight for the justice you deserve.

Meet The Team

The Seattle FMLA attorneys at Emery | Reddy, PLLC are passionate about helping workers with employment law issues and L&I claims. We Help Workers®: it’s our motto and what drives us every day.

We know how companies think, and we understand the tactics they use. Our FMLA attorneys use that knowledge coupled with over two decades of experience to help our clients get access to the benefits to which they are legally entitled and hold employers accountable when they break the law.

If you’re struggling with an employment law issue, injury, or L&I claim, please call us and see how Emery | Reddy can help you today.