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Enforcement

1. What federal agency enforces FMLA?

   The Wage and Hour Division of the U.S. Department of Labor is the agency that enforces FMLA. (You may also call 1-866-487-9243)

2. What should I do if my employer denies me the right to take leave?⁴²

   Talk with your steward about whether your contract provides such leave. If it does, you and/or your union can file a grievance. If not, you and/or the union can file a complaint with the Wage and Hour Division of the U.S. Department of Labor or file a private lawsuit. The Wage and Hour Division, which has offices in most major cities, will investigate your complaint. Because speedy resolution of complaints is essential, the division provides an accelerated intake and investigative process that will prevent employees from suffering irreparable harm.

   The FMLA also gives the Wage and Hour Division the right to go to court and get an injunction to keep the employer from withholding wages or employment benefits. The FMLA also gives you and/or the union the right to go directly to court and file a private lawsuit without first filing with the Wage and Hour Division. You and/or the union have two years from the FMLA violation, three years if it was a willful violation, to file either a complaint with the Wage and Hour Division or a private lawsuit.

   Your right to sue your employer for damages over violations of the FMLA was reaffirmed by the U.S. Supreme Court in Nevada Department of Human Resources v. Hibbs. The court said that state employees are entitled to money damages when they are deprived of their rights to FMLA to recuperate from a serious illness or care for a sick family member or new baby. Chief Justice Rehnquist cited AFSCME International President McEntee's 1987 testimony before a U.S. Senate subcommittee dealing with the FMLA.

3. Must I first exhaust my employer's internal complaint procedures before filing a complaint with DOL?⁴³

   No. The Act places no requirement that an employee exhaust administrative remedies before being authorized to file with DOL.

4. What damages can I recover from an FMLA violation?⁴⁴

   The employer can be sued by the employee or DOL to recover wages and benefits lost as a result of the violation, monetary losses sustained, such as the cost of hiring someone to provide care and interest on the money owed to you. This is in addition to equitable remedies, such as reinstatement. In cases where the employer cannot prove that they acted in good faith, believing their action was legal, you can recover double the amount of damages.

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