Statute of Limitations

• Typically, employees have two years to take action against their employer for violating the FMLA. If the employee can prove that employer willfully disregarded the act, she has three years to file a complaint or sue. While the FMLA does not specify what willful violations are, courts generally follow the definition for the Fair Labor Standards Act when hearing FMLA cases. The FLSA states that violations are willful if the employer not only deliberately disregards the law, but also if the employer intentionally avoids learning the law where he can claim ignorance.
  
  

Complaint

• One option for employees when their employer is in violation of the FMLA is to file a complaint with the Department of Labor. Employees can file a complaint at any local office in person, by telephone or by mail. While there is no specific form for filing a complaint, the person filing the complaint should include a statement regarding the facts of the violation, the date of the violation and any corroborating evidence to support the claim.
  
  

Lawsuit

• If the Department of Labor verifies the information in the complaint and finds in favor of the employee, the employee then has the grounds to file a civil lawsuit against the employer. Along with compensation, the court can award the employee punitive damages if the employee proves willful disregard of the law. Employees seeking to file a lawsuit against their employer for violations should consult a qualified labor lawyer for advice.
  
  

Penalties

• If the Department of Labor finds the employer guilty of violations of the FMLA, it can order back pay to the employee. Back pay will consist of any wages and benefits the employee missed after the violation occurred. Employees can receive compensation awards even if they have not lost wages, if they prove they have lost money due to the violation. Courts typically award the attorney fees for employees who prove violations and can require that the employer reinstate the employee.