Washington – FMLA

FMLA Lawyers in Washington State

Life doesn’t always go according to plan—sometimes, you need to take time off work to care for yourself, a new child, or a family member in need. Fortunately, for employees in Washington, the Family and Medical Leave Act (FMLA) offers job protection during these critical life moments.

At Justice Law Corporation, we understand how overwhelming it can be to navigate your rights under the FMLA, especially when you’re already dealing with a personal or family emergency. If your employer is denying your leave or retaliating against you for taking time off, they’re violating the law—and we’re here to help.

What is the Family and Medical Leave Act (FMLA)?

The FMLA, a federal law passed in 1993, allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons. Under this law, your job is protected, meaning that your employer must reinstate you to the same or a similar position when you return.

Although the FMLA offers vital protections, some employers either don’t fully understand the law or intentionally violate it. That’s why having an experienced employment attorney can make all the difference. We know how employers can try to take advantage of workers who don’t fully understand their rights, and we’re here to ensure you get the leave you’re entitled to.

FMLA Eligibility in Washington

 The FMLA applies to public and private employers with 50 or more employees within a 75-mile radius. To qualify for FMLA leave, employees must:

  • Have worked for their employer for at least 12 months (which need not be consecutive),
  • Have worked at least 1,250 hours in the 12 months prior to the leave, and
  • Work at a location where the employer has at least 50 employees within a 75-mile radius.

If you meet these criteria, you are entitled to take up to 12 weeks of unpaid leave during a 12-month period. Certain circumstances, such as caring for an injured service member, may extend this to 26 weeks.

What Situations Qualify for FMLA Leave? 

FMLA leave can be used for several specific reasons, including:

  • Personal Health Conditions: If you have a serious health issue that prevents you from working, the FMLA allows you to take time off to recover without the fear of losing your job. This could include major surgeries, chronic illnesses, or other significant medical conditions.
  • Caring for a Family Member: FMLA leave is also available if you need to care for a spouse, child, or parent with a serious health condition. This ensures that when a loved one is in crisis, you can be there to support them.
  • Parental Leave: The FMLA grants time off for the birth, adoption, or foster care placement of a child. Both parents are entitled to this leave, allowing families to bond with their new addition.
  • Military Family Leave: If a family member is called to active military duty or is injured while serving, you may also be eligible for FMLA leave to manage urgent family matters.

Washington’s Paid Family and Medical Leave (PFML)

 In addition to the federal FMLA, Washington offers its own Paid Family and Medical Leave (PFML) law. Since 2020, Washington employees have been eligible for paid leave for family or medical reasons. This program provides wage replacement during leave, making it easier to take time off without the added stress of financial hardship.

PFML covers similar circumstances as the FMLA, such as bonding with a new child, recovering from a serious illness, or caring for a family member with a significant health issue. The key difference is that Washington’s PFML provides partial wage replacement, so you can continue to support yourself financially while you take the time you need.

Together, the FMLA and Washington’s PFML offer strong protections for employees in our state. But when employers don’t follow the law, you need an advocate who understands these systems inside and out. That’s where we come in.

Common Violations of FMLA Rights 

  • Denying Leave: Some employers refuse to grant FMLA leave, claiming that the employee isn’t eligible or that their situation doesn’t qualify—even when it does. If you’ve been denied FMLA leave, you may have grounds for legal action.
  • Failure to Reinstate: Under the FMLA, employers are required to reinstate you to your original job or an equivalent position upon your return from leave.
  • Retaliation: After taking FMLA leave, some employees face retaliation, such as reduced hours, skipped promotions, or outright termination.
  • Misclassification: Employers may misclassify employees as exempt from FMLA protections, or incorrectly mark absences as “unexcused” even when FMLA leave is applicable.

Why You Need an FMLA Lawyer

  • Clarifying Your Rights: Both the federal FMLA and Washington’s PFML have specific guidelines that employers must follow, but they aren’t always straightforward. A lawyer ensures you fully understand your rights and can guide you through the legal process.
  • Building Your Case: We help gather the evidence you need, from medical records to communications with your employer, to build a strong case.
  • Holding Employers Accountable: Employers may try to discourage you from taking legal action or offer you a settlement that’s far below what you deserve. With an attorney by your side, you’ll have the negotiation power you need to ensure fair compensation or job reinstatement.

Contact Us Now

Call 818-412-9470 for a free consultation today! We’ll review your case, explain your rights, and help you take the next steps toward justice.