The Family and Medical Leave Act (FMLA) is a federal law that protects your right to take unpaid time off for certain family and medical reasons. If your employer violates these rights, you may feel powerless, stressed, and unsure about what to do next. The good news is, you have legal options. You can file a complaint with the Department of Labor, or you can sue your employer in court.
This guide will walk you through what counts as an FMLA violation, what steps to take if your employer breaks the law, and how to file a lawsuit if needed. By the end, you’ll know how to protect yourself and get the compensation you deserve.
What Is the FMLA?
The FMLA gives eligible employees the right to take up to 12 weeks of unpaid leave in a year for specific reasons, such as:
- The birth, adoption, or foster placement of a child.
- Caring for a family member with a serious health condition.
- Recovering from your own serious health condition.
- Handling qualifying needs related to a family member’s military service.
- Caring for a family member injured during military service (up to 26 weeks).
While on FMLA leave, your employer must:
- Protect your job (or place you in an equivalent job when you return).
- Maintain your health insurance during your time off.
- Not retaliate against you for taking leave.
If your employer denies you leave, pressures you to return early, fires you for taking time off, or fails to reinstate your benefits, it may be a violation of the FMLA.
Am I Eligible for FMLA Protection?
Before filing a lawsuit, you need to be sure you and your employer qualify under the FMLA.
Your employer is covered if:
- They have at least 50 employees within a 75-mile radius, and
- They employed workers for at least 20 workweeks in the current or previous calendar year.
You are eligible if:
- You worked for the employer for at least 12 months (not necessarily continuously).
- You worked at least 1,250 hours in the past year.
- You work at a site with 50 or more employees within 75 miles.
If both you and your employer meet these requirements, you are protected by the FMLA.
What Counts as an FMLA Violation?
Employers break the law in many ways. Some common violations include:
- Denying your leave request even though you qualify.
- Misclassifying your condition and saying it isn’t “serious” when it is.
- Forcing you to work while on leave or pressuring you to return early.
- Firing or disciplining you because you took FMLA leave.
- Failing to continue your health insurance during your leave.
- Not reinstating you to your job or giving you a lower position when you return.
- Failing to inform you of your rights under the law.
If any of these sound familiar, you may have a valid FMLA claim.
Step 1: Document Everything
The first thing you should do is gather evidence. Courts rely on facts, so the more you have, the stronger your case will be. Keep records of:
- Emails, texts, or letters from your employer denying leave or making threats.
- Doctor’s notes or medical certifications you gave to your employer.
- Pay stubs, schedules, or HR notices that show you were eligible.
- Notes about conversations with your boss or HR department.
- Evidence of lost wages, benefits, or out-of-pocket costs caused by the violation.
Even if you don’t think something is important, save it. It could help prove your case.
Step 2: Talk to Your Employer (Optional)
Sometimes, violations happen because your employer doesn’t fully understand the law. If you feel safe doing so, you may want to:
- Speak with your HR department.
- Show your employer documentation of your medical certification.
- Remind them of your rights under the FMLA.
This may resolve the issue without needing to take legal action. But if your employer ignores or retaliates against you, move to the next step.
Step 3: File a Complaint With the Department of Labor
One option is to file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD). This agency investigates FMLA violations and can take action against employers.
Here’s how to file:
- In person at your local WHD office.
- By phone at 1-866-4US-WAGE (1-866-487-9243).
- By mail or online through the Department of Labor website.
Once you file, an investigator will contact you, review your evidence, and may interview your employer. If the WHD finds a violation, they can require your employer to fix it or pay damages.
Step 4: File a Lawsuit Against Your Employer
If the Department of Labor doesn’t resolve your complaint—or if you prefer to take direct action—you can file a private lawsuit in court.
Here’s what you need to know:
- Deadline (Statute of Limitations):
- You must file within 2 years of the violation.
- If the violation was willful (intentional), you have 3 years.
- Where to File:
- You can file in either federal court or state court.
- What You Can Recover (Damages):
If you win your case, the court may award you:- Back pay (lost wages and benefits).
- Front pay (future lost earnings if reinstatement isn’t possible).
- Liquidated damages (double the amount of back pay if the employer acted willfully).
- Attorney’s fees and court costs.
- Other expenses directly related to the violation (like caregiver costs).
- Representation:
- You can file the lawsuit on your own, but most people hire an employment attorney. An attorney can help you build a strong case and improve your chances of success.
Example of an FMLA Violation
Imagine you’ve worked at a company for five years and need time off to care for your spouse, who just had surgery. You give your employer the doctor’s note, but your boss says, “If you take time off, don’t bother coming back.”
This is a clear violation of your FMLA rights. You could file a complaint with the Department of Labor or take your employer to court. If successful, you could recover lost wages, legal costs, and possibly additional damages.
Should You Hire a Lawyer?
While you’re not required to hire a lawyer to file an FMLA lawsuit, it’s highly recommended. Employment law can be complicated, and employers often have legal teams working for them.
A lawyer can:
- Tell you whether you have a strong case.
- Help you file the right paperwork on time.
- Negotiate with your employer to reach a settlement.
- Represent you in court if needed.
Many employment attorneys offer free consultations and may take your case on a contingency fee basis (meaning they only get paid if you win).
State Laws May Give You More Protection
Remember that some states have family and medical leave laws that go beyond the FMLA. For example:
- California has the California Family Rights Act (CFRA).
- New York, Washington, and Oregon have expanded family leave rights.
- Some states also allow for paid leave, unlike the federal FMLA.
If your state offers stronger protections, you may be able to file under both federal and state law.
Frequently Asked Questions
1. Can I get fired for taking FMLA leave?
No. It’s illegal for your employer to fire or discipline you for taking qualified FMLA leave. If they do, you can sue for wrongful termination.
2. How much compensation can I get if I sue?
It depends on your damages. You may recover lost wages, benefits, legal fees, and sometimes double your lost wages if your employer acted willfully.
3. Do I get paid during FMLA leave?
No, FMLA leave is unpaid. However, you can sometimes use accrued paid time off (like sick leave or vacation) during your FMLA leave.
4. What if my employer doesn’t have 50 employees?
If your employer isn’t covered by the FMLA, you may not have a federal claim. But check your state laws—some states cover smaller employers.
Key Takeaways
- The FMLA protects your right to take unpaid leave for family and medical reasons.
- Employers violate the law when they deny leave, retaliate, or fail to reinstate you.
- You can file a complaint with the Department of Labor or sue your employer in court.
- You usually have 2 years (or 3 years for willful violations) to file a lawsuit.
- Remedies include back pay, front pay, attorney’s fees, and sometimes double damages.
- A lawyer can guide you through the process and improve your chances of winning.
Final Thoughts
Filing an FMLA violation lawsuit can feel overwhelming, especially when you’re already dealing with family or health challenges. But remember—you have rights, and the law is on your side.
If your employer denied your FMLA leave, fired you for taking it, or failed to reinstate your benefits, don’t stay silent. Start by gathering your evidence, consider filing a complaint with the Department of Labor, and if necessary, take legal action through a lawsuit.
With the right steps—and possibly the help of an employment attorney—you can stand up for yourself and hold your employer accountable.