| The Family Medical Leave Act (the "FMLA"), passed | | | | may be liable for the employee's expenses that |
| by Congress and signed by the President in 1993, was | | | | occurred as a result of the violation, such as the cost |
| the first national family and medical leave legislation in | | | | of providing care, up to a limit of 12 weeks of wages |
| the United States. Prior to the enactment of the FMLA, | | | | or salary. |
| employees may have had access to medical leave as | | | | The damages recoverable by an employee or the |
| the result of collective-bargaining agreements, | | | | Department of Labor under the FMLA may be further |
| employer policies, or state statutes, but such coverage | | | | increased under the statute's liquidated damages |
| was typically not as broad as coverage provided | | | | provision, which provides an additional amount of |
| under the FMLA. Moreover, a large number of U.S. | | | | damages equal to the base amount of damages. This |
| citizens completely lacked the ability to obtain medical | | | | effectively doubles the employer's potential liability. |
| leave prior to the enactment of the FMLA. | | | | However, if the employer is able to satisfy a court that |
| The FMLA requires certain employers with 50 or more | | | | the FMLA violation was in good faith and that the |
| employees to provide up to 12 weeks of unpaid, | | | | employer had a reasonable basis for believing that it |
| job-protected leave per year to eligible employees | | | | was not violating the FMLA, the court may disallow |
| who experience particular family or medical difficulties. | | | | liquidated damages. |
| For example, an employee who has a serious health | | | | It is important to note that the federal regulations, |
| condition may be entitled to obtain unpaid leave without | | | | agency interpretations, and court opinions construing |
| having to worry about being fired. After returning to | | | | FMLA leave are numerous and complex. The above |
| work the employee must be placed back in the same | | | | summary of the FMLA cannot possibly address all the |
| or equivalent position. | | | | nuances of the law. If you have any question about |
| Employers are prohibited from interfering with, or | | | | whether an employee is entitled to FMLA leave in any |
| denying, an employee's right to take leave under the | | | | particular instance, contact an attorney who practices |
| FMLA. Indeed, violations of the FMLA by an employer | | | | employment law. |
| come with heavy consequences. Either an affected | | | | The information provided in this article does not create |
| employee or the Department of Labor may be bring a | | | | or constitute an attorney-client relationship, is not |
| lawsuit against the employer to recover damages | | | | intended to convey or constitute legal advice, and is |
| equal to the value of any wages, salary, or benefits | | | | not a substitute for obtaining legal advice from a |
| denied or lost to the employee because of the | | | | qualified attorney. You should not act upon any such |
| violation. Alternatively, if no wages, salary, or benefits | | | | information without first seeking qualified professional |
| were lost or denied to the employee, the employer | | | | counsel on your specific matter. |