(a) The employee has the choice of:
(1) Filing, or having another person file on his or her behalf, a
complaint with the Secretary of Labor, or
(2) Filing a private lawsuit pursuant to section 107 of FMLA.
(b) 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.
(c) 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.
In addition, the employee may be entitled to interest on such sum,
calculated at the prevailing rate. An amount equalling the preceding
sums may also be awarded as liquidated damages unless such amount is
reduced by the court because the violation was in good faith and the
employer had reasonable grounds for believing the employer had not
violated the Act. When appropriate, the employee may also obtain
appropriate equitable relief, such as employment, reinstatement and
promotion. When the employer is found in violation, the employee may
recover a reasonable attorney's fee, reasonable expert witness fees, and
other costs of the action from the employer in addition to any judgment
awarded by the court.