What are an employees rights if His or Her Employer violates the Family and Medical Leave Act?
An employee can file a complaint with the Department of Labor, which will investigate and, if appropriate, pursue an FMLA claim for the employee. An employee can also go to court and file a civil lawsuit. If an employee wins in court, he or she can recover: • lost pay and benefits plus interest, or the cost of providing care to a seriously ill family member, plus interest. These are your “economic damages”; • a penalty equal to twice the amount of the economic damages; • reinstatement, promotion, or an injunction requiring an employer to restore an employee to his or her job; and • attorneys fees, expert witness fees and court costs.
Related Questions
- Under the Family and Medical Leave Act, when may an employer refuse to allow an employee to take family or medical related leave or refuse to reinstate an employee after such leave?
- How should an employer handle leave for an employee covered by both the ADA and the Family and Medical Leave Act (FMLA)?
- What are an employees rights if His or Her Employer violates the Family and Medical Leave Act?
