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Content Last Revised: 1/6/95
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 825  

The Family and Medical Leave Act of 1993

 

 

 

Subpart D  

What Enforcement Mechanisms Does FMLA Provide?


29 CFR 825.400 - What can employees do who believe that their rights under FMLA have been violated?

  • Section Number: 825.400
  • Section Name: What can employees do who believe that their rights under FMLA have been violated?

    (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.

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