What Are the Remedies for Violations of the Law?
The law provides that a person claiming to have been aggrieved by a violation of the law may file a lawsuit in state circuit court, seeking damages (monetary relief) or equitable relief (such as reinstatement) or both. The law provides that the person bringing the lawsuit may seek to recover damages for lost wages and benefits to which he or she would have been entitled had the alleged violation of the law not occurred, but the person may not seek damages for wages or benefits for a period of leave granted without pay. Employers’ Bottom Line: Covered employers should act quickly to ensure their leave policies include provisions for domestic violence leave requests. Issues that should be addressed include whether the leave will be paid or unpaid, whether employees will be required to exhaust other types of leave before taking domestic violence leave, and what type of substantiation of domestic violence will be required. Additionally, employers will need to take steps to ensure that any
