How Do I File a Violation of FMLA Lawsuit?

The Family and Medical Leave Act (FMLA) is a federal law that protects your right to take time off work for certain family and medical reasons without losing your job. It was created so you wouldn’t have to choose between caring for your health or family and keeping your paycheck.

But what happens when your employer ignores the law, denies your leave, pressures you not to take time off, or even threatens your job? In those cases, you may be able to file a lawsuit. This guide will walk you step by step through how to recognize an FMLA violation, what actions you can take, and how to file a lawsuit if necessary.

Understanding FMLA and Your Rights

Before you can take action, it’s important to know who qualifies and what protections the FMLA offers.

Covered Employers

The FMLA applies to:

• All federal, state, and local government agencies.
• Private employers with 50 or more employees within a 75-mile radius, if they employed people for at least 20 workweeks in the current or previous year.

Eligible Employees

You are eligible for FMLA leave if you:

• Have worked for your employer for at least 12 months (not necessarily consecutively).
• Worked at least 1,250 hours in the year before your leave.
• Work at a location with at least 50 employees within 75 miles.

What You Can Take Leave For

The FMLA gives you up to 12 weeks of unpaid, job-protected leave in a 12-month period for:

• The birth, adoption, or foster placement of a child.
• Caring for your newborn or newly placed child.
• Your own serious health condition.
• Caring for a spouse, child, or parent with a serious health condition.
• Certain family needs arising from a military member’s deployment.

If you are a caregiver for a military service member with a serious illness or injury, you may get up to 26 weeks of leave.

Common Ways Employers Violate the FMLA

Employers sometimes break the rules knowingly, while others simply misunderstand the law. Here are the most common violations you might face:

1. Denying Leave Unlawfully
   • Refusing leave for a serious health condition that qualifies.
   • Misclassifying a health issue as “not serious.”
     
2. Counting FMLA Leave Against You: Using “no-fault” attendance policies that discipline you for FMLA absences.
3. Not Giving Proper Notice or Information
   • Failing to tell you about your FMLA rights.
   • Requiring you to give too much notice or extra paperwork.
   • Ignoring valid notice when you tell them you need leave (you don’t have to say “FMLA” specifically).
4. Interfering With Leave
   • Cutting off your health insurance while you’re on leave.
   • Pressuring or harassing you to return early.
   • Calling constantly or demanding more medical details than allowed.
5. Punishing You for Taking Leave
   • Firing you, demoting you, or disciplining you because of FMLA leave.
   • Giving bad performance reviews due to time off.
6. Failing to Reinstate You Properly
   • Refusing to return you to your job after leave.
   • Giving you a lesser position with lower pay or fewer benefits.
   • Delaying your reinstatement unnecessarily.
   • Misusing the “key employee” exception to avoid rehiring you.

If any of these sound familiar, your employer may have violated your rights.

Steps to Take Before Filing a Lawsuit

Jumping straight to court isn’t always the first step. Here’s what you should do if you believe your employer violated the FMLA:

Gather Documentation

Collect evidence to back up your case, such as:

• Emails, texts, or memos from your employer.
• Written leave requests and responses.
• Doctor’s notes or medical certifications.
• Pay stubs or benefit statements.
• Records of conversations or threats.

Talk to Your Employer or HR

Sometimes, violations happen because of a misunderstanding. If it feels safe, bring your concerns to HR or your manager. State clearly that you believe your rights under the FMLA are being violated.

File a Complaint With the Department of Labor (DOL)

If talking to your employer doesn’t work, you can file a complaint with the Wage and Hour Division (WHD) of the U.S. Department of Labor. You can:

• File in person.
• File by mail.
• File by telephone.

The DOL will investigate, contact your employer, and may resolve the situation.

Consult With an Employment Lawyer

Even if you’re considering the DOL process, it’s a smart move to talk to an attorney. They can explain your options, evaluate the strength of your claim, and guide you through the process.

Filing a Private FMLA Lawsuit

If your employer’s violation is serious or the DOL process doesn’t bring results, you can file a lawsuit in court. Here’s how the process works:

Step 1: Check the Deadline

You must file your lawsuit within:

• 2 years of the violation, or
• 3 years if your employer’s violation was willful (intentional).

This deadline is called the statute of limitations.

Step 2: Hire an Employment Attorney

An attorney can:

• Prepare and file your complaint.
• Negotiate with your employer.
• Represent you in court.
• Help you recover damages.

Step 3: File the Complaint

Your lawyer will file a complaint in federal or state court explaining:

• What your employer did.
• How it violated the FMLA.
• What damages you are seeking.

Step 4: Court Process

• Your employer will respond.
• Both sides exchange evidence (discovery).
• Settlement talks may happen.
• If unresolved, your case goes to trial.

Remedies You Can Recover in an FMLA Lawsuit

If you win your case, the court may order your employer to pay you damages such as:

• Back pay: Lost wages and benefits you missed because of the violation.
• Front pay: Wages and benefits you would have earned in the future.
• Liquidated damages: An additional amount equal to your lost wages if the violation was willful.
• Attorney’s fees and court costs: To cover your legal expenses.
• Other costs: Such as out-of-pocket expenses related to caregiving.

In some cases, the court may also order reinstatement to your job or restoration of lost benefits.

Example Scenario

Imagine this situation:
You’ve worked at your company for five years. One day, your spouse is hospitalized with a serious illness and needs care at home. You request FMLA leave, provide medical certification from your spouse’s doctor, and explain the situation.

Instead of approving your leave, your boss says:

“Sorry, we can’t afford to lose you. If you take time off, I’ll hire someone else. I can’t promise your job will be here when you come back.”

This is a clear FMLA violation. Your employer cannot deny qualifying leave or threaten your job. Here’s what you would do:

1. Keep all written records of your request and their denial.
2. File a complaint with the Department of Labor.
3. If unresolved, file a lawsuit within the statute of limitations.

Why Consulting a Lawyer Helps

While you can file a complaint on your own, having an attorney by your side can make a huge difference. They can:

• Evaluate whether your case is strong.
• Make sure deadlines are met.
• Negotiate with your employer for a fair settlement.
• Represent you in court if needed.

Many employment attorneys offer free consultations and may work on a contingency fee basis (they only get paid if you win).

Key Takeaways

• The FMLA protects your right to take time off for serious health and family needs.
• Employers sometimes violate the law by denying leave, interfering with your time off, or punishing you for using FMLA.
• You can first try to resolve the issue internally or by filing a complaint with the Department of Labor.
• If necessary, you can file a lawsuit within 2 to 3 years of the violation.
• Winning a case can get you back pay, front pay, damages, attorney’s fees, and reinstatement.

Final Thoughts

Dealing with an employer who violates your FMLA rights can be stressful and overwhelming. But remember, you don’t have to go through it alone. You have options. Start by gathering evidence, consider speaking to your employer or HR, and if needed, file a complaint with the Department of Labor. If the violation is serious, filing a lawsuit may be the best way to protect your rights and recover what you’ve lost.

If you believe your FMLA rights have been violated, don’t wait. Talk to an employment lawyer today and get the help you deserve.