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Family and Medical Leave Act Violations

Navigation:  Home > Employment Law> FMLA

 

If you feel your rights under the Family and Medical Leave Act have been violated, employees have the choice of filing, or having another person file on his or her behalf, a complaint with the Secretary of Labor, or filing a private lawsuit.

 

If the employee files a private lawsuit, it must be filed within two years after the last action which the employee contends was in violation of the Act, or three years if the violation was willful.

 

If an employer has violated one or more provisions of FMLA, and if justified by the facts of a particular case, an employee may receive one or more of the following: wages, employment benefits, or other compensation denied or lost to such employee by reason of the violation;  or, where no such tangible loss has occurred, such as when FMLA leave  was unlawfully denied, any actual monetary loss sustained by the employee as a direct result of the violation, such as the cost of  providing care, up to a sum equal to 12 weeks of wages for the employee.

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