[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.401]



[Page 787]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents

 

        Subpart D_What Enforcement Mechanisms Does FMLA Provide?

 

Sec.  825.401  Where may an employee file a complaint of FMLA violations 

with the Federal government?



    (a) A complaint may be filed in person, by mail or by telephone, 

with the Wage and Hour Division, Employment Standards Administration, 

U.S. Department of Labor. A complaint may be filed at any local office 

of the Wage and Hour Division; the address and telephone number of local 

offices may be found in telephone directories.

    (b) A complaint filed with the Secretary of Labor should be filed 

within a reasonable time of when the employee discovers that his or her 

FMLA rights have been violated. In no event may a complaint be filed 

more than two years after the action which is alleged to be a violation 

of FMLA occurred, or three years in the case of a willful violation.

    (c) No particular form of complaint is required, except that a 

complaint must be reduced to writing and should include a full statement 

of the acts and/or omissions, with pertinent dates, which are believed 

to constitute the violation.