When you need time off to care for yourself or a family member, the Family and Medical Leave Act (FMLA) is supposed to protect your job. But too many employers deny valid leave requests, retaliate against workers who take leave, or refuse to reinstate employees when they return. If your employer violated your FMLA rights, you may be able to sue for damages.
Quick Answer
Yes, you can sue your employer for FMLA violations. You can file a complaint with the Department of Labor or pursue a private lawsuit in court. If you win, you may recover lost wages, benefits, and an equal amount in liquidated damages. The statute of limitations is 2 years (3 years for willful violations).
What the FMLA Provides
The FMLA entitles eligible employees to:
- 12 weeks of unpaid, job-protected leave per year
- Continued health insurance during leave
- Return to the same or equivalent position
Qualifying Reasons for Leave
- Birth and care of a newborn child
- Placement of a child for adoption or foster care
- Care for spouse, child, or parent with serious health condition
- Your own serious health condition that prevents you from working
- Qualifying exigencies related to military family member
- Care for covered service member with serious injury (up to 26 weeks)
Who Is Covered?
Covered Employers
- Private employers with 50+ employees within 75 miles
- All public agencies (federal, state, local)
- All public and private elementary and secondary schools
Eligible Employees
You must have:
- Worked for the employer for at least 12 months
- Worked at least 1,250 hours in the past 12 months
- Work at a location with 50+ employees within 75 miles
Common FMLA Violations
| Violation Type | Examples |
|---|---|
| Denial of leave | Refusing valid FMLA requests, requiring too much notice |
| Interference | Discouraging or threatening employees about taking leave |
| Retaliation | Firing, demoting, or disciplining for taking FMLA leave |
| Failure to reinstate | Not returning employee to same or equivalent position |
| Benefits termination | Canceling health insurance during FMLA leave |
| Counting FMLA against employee | Using FMLA absences in attendance policies or performance reviews |
| Excessive medical certification demands | Requesting more information than permitted |
FMLA Interference vs. Retaliation
These are two different types of claims:
Interference Claims
Your employer interfered with your ability to use FMLA leave:
- Denied your leave request
- Failed to provide required notices
- Didn’t maintain health benefits during leave
- Failed to restore you to your position
Retaliation Claims
Your employer punished you for exercising FMLA rights:
- Fired you for taking leave
- Demoted or gave lower performance ratings
- Reduced your hours or responsibilities
- Created a hostile work environment
What You Can Recover
If you prove an FMLA violation, you may receive:
Economic Damages
- Back pay: Lost wages and benefits from the violation date to judgment
- Front pay: Future lost earnings if reinstatement isn’t feasible
- Lost benefits: Health insurance, retirement contributions, bonuses
Liquidated Damages
An amount equal to your back pay and front pay—essentially doubling your recovery—unless the employer proves they acted in good faith.
Attorney Fees and Costs
The employer must pay your reasonable attorney fees if you win.
What You Cannot Recover
Under federal FMLA, you cannot recover:
- Emotional distress damages
- Punitive damages
Note: State family leave laws may allow these additional damages.
Your Options for Taking Action
Option 1: File with the Department of Labor
- File a complaint with the Wage and Hour Division
- No cost to you
- DOL investigates and can pursue remedies
- Doesn’t prevent you from filing a private lawsuit later
Option 2: File a Private Lawsuit
- Sue directly in federal or state court
- More control over your case
- No requirement to file with DOL first
- Can seek jury trial
Statute of Limitations
You must file within:
- 2 years of the last violation (standard violations)
- 3 years if the violation was willful
The clock runs from the employer’s last unlawful act, not when you first became aware of the violation.
What You Need to Prove
For Interference Claims
- You were eligible for FMLA leave
- Your employer was covered by FMLA
- You were entitled to leave for a qualifying reason
- You gave proper notice (when practicable)
- Your employer denied, interfered with, or failed to restore you after leave
For Retaliation Claims
- You engaged in protected activity (took or requested FMLA leave)
- You suffered an adverse employment action
- There’s a causal connection between the two
State Family Leave Laws
Many states have their own family leave laws providing additional protections:
- Cover smaller employers
- Provide paid leave
- Cover additional family members
- Allow emotional distress damages
- Longer leave periods
States with expanded laws include California, New York, New Jersey, Massachusetts, Washington, and others.
Steps to Protect Your FMLA Rights
- Request leave in writing: Keep copies of all requests
- Follow required procedures: Give notice as required by your employer’s policy
- Get certification promptly: Have your doctor complete FMLA paperwork
- Document everything: Keep records of conversations, emails, and events
- Save performance reviews: Before and after leave for comparison
- Note any negative treatment: Write down dates, witnesses, and details
- Keep your own calendar: Track leave days used
Frequently Asked Questions
Can I be fired while on FMLA leave?
FMLA doesn’t guarantee absolute protection. You can be fired for reasons unrelated to your leave—like a legitimate layoff or documented performance problems that predated your leave. But you cannot be fired because you took FMLA leave or needed FMLA leave.
What if my position was eliminated while I was out?
If your position was eliminated for legitimate business reasons that would have happened anyway, it may be lawful. But if it looks like a pretext to avoid reinstating you, that’s potentially illegal retaliation. Timing and documentation matter greatly here.
Can my employer ask why I need leave?
Your employer can require medical certification to confirm you have a serious health condition. But they generally cannot demand your specific diagnosis—only enough information to confirm the condition qualifies under FMLA.
What if I need intermittent leave?
FMLA allows intermittent leave (taking leave in separate blocks) when medically necessary. Employers cannot deny this or retaliate against you for unpredictable absences due to your health condition.
My employer doesn’t have 50 employees. Do I have any rights?
Federal FMLA may not apply, but your state might have a family leave law covering smaller employers. Additionally, the ADA may require leave as a reasonable accommodation for disabilities.
When to Contact a Lawyer
Consider consulting an employment attorney if:
- Your employer denied your FMLA leave request
- You were fired, demoted, or disciplined after taking leave
- You weren’t reinstated to your position after leave
- Your employer is pressuring you not to take leave
- You’re being treated differently after returning from leave
- The statute of limitations is approaching
- You have questions about state family leave laws
Most employment attorneys offer free consultations and take FMLA cases on contingency. Because attorney fees are recoverable if you win, these cases are often economically viable.
