Civil Litigation

A complaint filed for violation of the Family Medical Leave Act

Family and Medical Leave Act. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Two primary causes of action under the FMLA include interference and retaliation. FMLA interference occurs when an employer interferes with an employee taking or trying to take FMLA leave. … An employee who suffers from an FMLA violation may recover back pay, front pay, attorneys’ fees, and liquidated damages.

Every employer covered by the FMLA is required to conspicuously post a notice explaining the statute’s provisions and providing information for filing complaints of violations with the DOL’s Wage & Hour Division. Under the final rule: The maximum penalty increases from $169 to $173.

Filing a Complaint with the Secretary of Labor

–A complaint may be filed in person, by mail or by telephone with the Wage and Hour Division, U.S. Department of Labor. …
–The complaint should be filed within a reasonable time of when the employee discovers that his or her FMLA rights have been violated.

Employers cannot fire employees for requesting or taking FMLA leave. Generally speaking, however, an employer can still terminate an employee, even while he or she is on leave or just returned, as long as the rationale for the termination was completely unrelated to the FMLA leave.