What are my Responsibilities as an Employee?
As an employee covered under the FMLA, you must:- Provide notice to your employer of the need for leave
- Inform your employer in what form the leave is to encompass, such as if leave will be taken periodically
- If required by your employer, provide a medical certification for leave or a fitness for duty certification
- Inform your employer of your continued intent to return to work at the end of your leave
- Keep your employer up-to-date with any changes in the circumstances for which your leave is being taken
How do I file a complaint under the FMLA?
A complaint under the FMLA must be filed by the employee or his representative within two years of the date of the last violation of the Act by the employer. However, if it can be shown that the action taken by the employer was willful, the time to file will be extended to three years. The complaint may be filed in person, by writing, or by telephone, with the Secretary of Labor by contacting the nearest office of the Wage and Hour Division of the Employment Standards Administration, U. S. Department of Labor. The U.S. Department of Labor will review the merits of the complaint, and if appropriate, will resolve the complaint through discussions with the employer.
What can I recover in an FMLA Lawsuit?
An employee may choose to file a lawsuit instead of a complaint with the Secretary of Labor. Where this is the case, there is no requirement that the Secretary of Labor be notified before a lawsuit is filed. An employee may recover from the employer:- Wages plus interest
- Employment benefits
- Other compensation lost by or denied to the employee
- Reasonable expert witness and attorney's fees
- Other court costs
The employee may also obtain equitable remedies such as reinstatement or promotion. |
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