Navigating the complexities of employment law can be overwhelming, especially when facing challenges You asked for time off to care for your health or your family, and your employer responded with discipline, demotion, or termination. That moment can leave you feeling blindsided and uncertain about what to do next.
The Family and Medical Leave Act (FMLA) is a federal law designed to protect employees during some of life’s most difficult circumstances. If your employer interfered with your leave, denied your request without justification, or retaliated against you for asserting your rights, our Reno FMLA lawyers at Greenberg Gross LLP are prepared to step in and protect your rights.
When your job, your income, and your professional future are at stake, you deserve experienced trial lawyers who understand high-stakes employment litigation and are ready to act decisively.
Greenberg Gross LLP is ready to stand by your side
Why Choose Greenberg Gross LLP for Your Reno FMLA Case
FMLA disputes are rarely simple misunderstandings. They often involve strategic decisions by employers, internal documentation, HR maneuvering, and after-the-fact justifications designed to limit liability. These cases require careful analysis and trial readiness from the outset.
Greenberg Gross LLP is a trial law firm known for representing clients in their most significant matters. Our founders started as partners at a global law firm before building a more focused litigation practice designed to handle complex, high-exposure disputes.
Employees facing FMLA violations turn to our Reno FMLA lawyers because:
- We Prepare for Trial From Day One
Our team approaches FMLA cases with the expectation that they may ultimately be decided in court. That level of preparation influences negotiations and sends the message to employers that the claim will be taken seriously.
- We Handle High-Stakes Employment Litigation
Our firm has secured substantial verdicts and settlements in employment matters, including a $6.1 million whistleblower retaliation judgment and a $10 million settlement in a breach of contract case. Although prior results do not guarantee future outcomes, they reflect our commitment to thorough preparation and strategic advocacy.
- We Understand Employer Tactics
FMLA violations are often disguised as performance issues, restructuring decisions, or attendance policy enforcement. We examine the timing, documentation, and internal communications behind those explanations.
- We Provide Sophisticated Representation With Direct Team Access
At Greenberg Gross, we offer focused attention from experienced trial lawyers who will work with you while maintaining the resources necessary to handle complex litigation.
If your employer crossed a legal line when you requested or took medical leave, our team is prepared to evaluate your situation and pursue accountability.
What Is the Family and Medical Leave Act?
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for specific family and medical reasons.
FMLA leave may apply when you need time off for:
- Your own serious health condition
- The birth of a child and bonding time
- Adoption or foster care placement
- Caring for a spouse, child, or parent with a serious health condition
- Certain military-related circumstances
While FMLA leave is unpaid, it protects your job and maintains your group health insurance coverage under the same terms as if you had continued working.
What Is a “Serious Health Condition”?
Under the FMLA, a serious health condition generally involves:
- Inpatient care in a hospital or medical facility
- Ongoing treatment by a healthcare provider
- Chronic conditions requiring periodic treatment
- Conditions that cause incapacity for more than three consecutive days and require medical care
Not every illness qualifies. However, employers cannot arbitrarily deny leave simply because they disagree with the severity of your condition.
Who Is Eligible for FMLA Leave in Reno?
To qualify for FMLA protection, you must:
- Work for a covered employer (generally a company with 50 or more employees within a 75-mile radius)
- Have worked for the employer for at least 12 months
- Have logged at least 1,250 hours during the previous 12 months
Eligibility disputes are common. Employers sometimes miscalculate hours, misclassify employees, or incorrectly assert that they do not meet coverage thresholds. Our Reno FMLA lawyers can evaluate whether you were legally entitled to FMLA leave under federal law.
Common FMLA Violations in Nevada Workplaces
FMLA violations generally fall into two legal categories, but in practice, they often overlap. Employers may subtly obstruct leave on the front end or take adverse action once an employee insists on exercising their rights. Understanding how these violations unfold can help you determine whether you have a legal claim against your employer.
FMLA Interference (When the Employee Requests Leave)
Interference occurs when an employer prevents, limits, or discourages an employee from using legally protected leave. This does not always look like an outright denial. In many cases, interference is more nuanced.
For example, an employer may refuse to provide required FMLA notices, delay processing medical certification paperwork, or classify qualifying absences as attendance violations. Some employers insist that the leave request does not qualify, despite receiving documentation from a healthcare provider. Others apply rigid internal policies that conflict with federal requirements.
Interference can also take the form of pressure. An employee may be told that taking leave will harm their career prospects, burden coworkers, or jeopardize job security. Even indirect discouragement can violate the FMLA if it effectively prevents an employee from exercising their federally protected rights.
What matters legally is whether the employer’s conduct interfered with, restrained, or denied the lawful use of medical leave.
FMLA Retaliation (After Employee Has Taken Leave)
Retaliation occurs after leave has been requested or taken. Unlike interference, which focuses on access to leave, retaliation centers on punishment.
In many cases, retaliation takes the form of sudden disciplinary action or termination shortly after an employee returns from leave. A previously strong performance record may be recharacterized as problematic. Responsibilities may be reduced, pay may be adjusted, or the employee may be transferred to a less desirable position.
Sometimes retaliation is more subtle. An employee may be excluded from meetings, denied promotions, or subjected to increased scrutiny that did not exist before taking leave. Performance standards may shift, or documentation may begin to accumulate in a way that appears strategic.
Timing often becomes a critical factor in these cases. When adverse action closely follows protected leave, courts frequently examine whether the employer’s explanation is supported by objective evidence or whether it appears to be a justification after the fact.
Because retaliation claims focus heavily on motive, careful review of internal communications, evaluations, and disciplinary records is often necessary to determine whether the employer’s actions were lawful or pretextual.
Do I Have a Reno FMLA Case?
Not every workplace dispute involving medical leave violates the law. A viable FMLA claim typically involves:
- Eligibility for FMLA leave
- A qualifying reason for leave
- Notice provided to the employer
- An adverse action connected to that leave
You may have a claim if:
- Your employer denied leave despite medical documentation
- You were disciplined for FMLA-protected absences
- You were terminated during or shortly after leave
- Your position was not restored upon return
- Your employer reduced your pay, benefits, or responsibilities after leave
Employers often argue that adverse actions were unrelated to leave. Determining whether that explanation holds up requires careful review of performance records, emails, and internal communications. Our Reno FMLA lawyers can analyze the full timeline to determine whether your rights were violated.
What Damages Are Available in an FMLA Lawsuit?
When an employer violates the Family and Medical Leave Act, the law provides specific remedies to restore the employee to the position they would have occupied had the violation not occurred. FMLA damages are primarily economic in nature, but the consequences of a leave-related termination or demotion can be significant and long-lasting.
Depending on the facts of the case, recovery may include:
- Lost wages and employment benefits
- Compensation for lost earning capacity
- Reinstatement to the same or an equivalent position, in appropriate cases
- Liquidated damages if permitted under federal law
- Attorneys’ fees and litigation costs, if authorized
Unlike some other employment statutes, the FMLA does not automatically provide damages for emotional distress. Instead, the focus is on financial harm caused by interference or retaliation. This makes documentation especially important. Payroll records, benefits summaries, performance evaluations, and internal communications often form the backbone of a claim.
In some cases, reinstatement may be appropriate. In others, returning to the workplace may not be realistic due to strained relationships or organizational changes. The appropriate remedy depends on the circumstances and requires careful strategic evaluation.
Because FMLA claims are highly fact-driven, outcomes often turn on the employer’s internal records and the timeline of events surrounding the leave request. A well-documented case supported by consistent evidence is typically far stronger than one built solely on disputed recollections.
How FMLA Claims Interact With Other Employment Laws
FMLA disputes often overlap with other legal protections, for example:
- A serious health condition may also qualify as a disability under the Americans with Disabilities Act (ADA)
- Retaliation for medical leave may intersect with whistleblower protections
- Pregnancy-related leave issues may involve employment discrimination laws
Our Reno employment law attorneys can evaluate whether multiple legal claims apply to strengthen your overall case strategy.
What Is the Deadline for Filing an FMLA Claim in Nevada?
FMLA claims are subject to a statute of limitations and generally must be filed within two years of the alleged violation. In cases involving willful violations, the deadline may be extended to 3 years.
Waiting too long can limit your ability to pursue a claim. Evidence may disappear, witnesses may become unavailable, and internal documents may be more difficult to obtain. Early evaluation allows our team to preserve key evidence and strategically plan to build the strongest possible claim on your behalf.
How a Reno FMLA Lawyer at Greenberg Gross LLP Can Help
When employers challenge or retaliate against FMLA leave, the legal issues often extend beyond attendance records. These cases involve credibility, documentation, and motive.
When you partner with our Reno FMLA lawyers, we can:
- Conduct a detailed review of your employment file
- Analyze performance evaluations and disciplinary records
- Identify inconsistencies in the employer’s stated reasons
- Preserve and request critical evidence
- Manage communications with HR and defense counsel
- Negotiate from a position of trial readiness
- File and litigate claims in federal court when necessary
We understand that taking action against an employer is not a decision made lightly. Our role is to provide clear analysis, strategic guidance, and decisive representation when your livelihood is at risk.
Frequently Asked Questions About FMLA Rights in Reno
Can my employer contact me while I am on FMLA leave?
Limited contact for administrative purposes may be permitted, but requiring you to perform substantive work during leave can raise legal concerns.
What if my employer says my job was eliminated while I was on leave?
Employers may lawfully eliminate positions for legitimate business reasons, but they cannot use leave as a pretext. Timing and documentation are critical in evaluating these claims.
Do I have to specifically mention the “FMLA” to be protected under it?
No. Employees are not required to use legal terminology. Providing enough information for the employer to understand that leave may qualify under the FMLA is generally sufficient.
Can I be required to use paid time off during FMLA leave?
Employers may require certain paid leave to run concurrently with FMLA leave, depending on company policy.
What if I was misclassified as ineligible?
Eligibility disputes are common. We can perform a detailed review of your hours worked, employer size, and corporate structure to determine if FMLA protections applied.
Contact the Reno FMLA Lawyers at Greenberg Gross LLP to Learn More About Your Rights
When your employer interferes with your medical leave or retaliates against you for exercising your federal rights, the consequences can be immediate and severe. These disputes affect your income, your career trajectory, and your professional reputation.
Greenberg Gross LLP is a trial-focused law firm representing employees in high-stakes employment litigation. Our attorneys bring national litigation experience and a record of substantial results to cases involving FMLA violations and workplace retaliation.
To discuss your situation in a confidential consultation, contact Greenberg Gross LLP at (702) 777-0888. Our Reno FMLA lawyers are prepared to evaluate your rights and help you determine the best path forward.