Enforcement
39. What federal agency enforces FMLA?
The Wage and Hour Division of the U.S. Department of Labor is the agency that enforces FMLA. (http://www.dol.gov/esa/whd or 1-866-487-9243)
40. What should I do if my employer denies me the right to take leave?49
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 your union can file a complaint with the Wage and Hour Division of the U.S. Department of Labor. 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 designed to 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 your 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.
41. Must I first exhaust my employer’s internal complaint procedures before filing a complaint?50
No. FMLA does not require that an employee exhaust administrative remedies before being authorized to file with the DOL.
42. What damages can I recover from an FMLA violation?51
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.
