FMLA Violations
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected, unpaid leave for specified family and medical reasons. FMLA violations occur when employers fail to comply with the provisions of this act, infringing on employees’ rights to take necessary leave without fear of job loss or retaliation.
Examples of FMLA violations include denying eligible employees their right to take leave, interfering with an employee’s attempt to take FMLA leave, retaliating against an employee for taking FMLA leave, and failing to reinstate an employee to the same or an equivalent position after their leave ends. Employers may also violate the FMLA by failing to notify employees of their FMLA rights or by improperly classifying employees as ineligible for FMLA leave.
To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months, have at least 1,250 hours of service during the 12 months before the leave, and work at a location where the employer has at least 50 employees within 75 miles. Eligible employees can take up to 12 workweeks of leave in a 12-month period for qualifying reasons, including the birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, or the employee’s own serious health condition.
When an FMLA violation occurs, employees have the right to file a complaint with the U.S. Department of Labor’s Wage and Hour Division or file a private lawsuit against their employer. The statute of limitations for FMLA claims is two years from the date of the last violation, or three years for willful violations.
Remedies for FMLA violations can include reinstatement to the employee’s position, back pay and benefits, front pay (if reinstatement is not possible), and other monetary damages. In cases of willful violations, employees may be entitled to liquidated damages equal to the sum of back pay and interest. Employers may also be required to pay the employee’s attorney fees and court costs.
If your, or someone you know, FMLA rights have been violated, contact us immediately.
We protect your rights!
English 
Español de México