Damages Available in Medical Leave Claims
The Family and Medical Leave Act (FMLA) provides crucial protections for employees, allowing them to take unpaid, job-protected leave for specified family and medical reasons. However, despite its importance, there are instances where employers may violate the rights granted under the FMLA. In such cases, employees may seek legal recourse, including the recovery of damages.
The damages available in FMLA claims are designed to make employees whole and deter employers from violating FMLA rights. Understanding these damages helps employees seek fair compensation and encourages employers to adhere to the FMLA’s provisions. If you believe your FMLA rights have been violated, consulting with an experienced employment attorney can help you navigate the legal process and secure the damages you deserve.
Overview of FMLA
The FMLA, enacted in 1993, allows eligible employees to take up to 12 weeks of unpaid leave per year for certain family and medical reasons without the fear of losing their job. These reasons include:
The birth and care of a newborn child.
Adoption or foster care placement of a child.
Caring for an immediate family member with a serious health condition.
The employee’s own serious health condition that makes them unable to perform their job.
Certain situations related to a family member’s military service.
When FMLA Rights Are Violated
Employers may sometimes fail to comply with FMLA requirements, leading to violations such as denying eligible leave, retaliating against employees for taking FMLA leave, or failing to restore the employee to their original or an equivalent position upon return from leave. In such scenarios, employees can file a claim against their employer.
Types of Damages Available in FMLA Claims
When an FMLA violation occurs, the employee may be entitled to various types of damages to compensate for their losses. The key categories of damages include:
1. Back Pay
Back pay compensates employees for the wages and benefits they lost due to the FMLA violation. This includes:
Lost Wages: The salary the employee would have earned if the violation had not occurred.
Lost Benefits: The value of any lost benefits, such as health insurance, retirement contributions, and other employment perks.
2. Front Pay
Front pay is awarded when reinstatement is not feasible or practical. It covers future lost earnings from the date of judgment until the employee can find comparable employment. The amount and duration of front pay depend on factors such as the employee’s age, skills, and the availability of similar jobs.
3. Liquidated Damages
In FMLA cases, liquidated damages are an additional amount equal to the back pay and benefits awarded. They serve as a punitive measure against the employer for willful violations of the FMLA. If the employer can prove that the violation was in good faith and that they had reasonable grounds for believing their actions were not in violation of the FMLA, the court may reduce or eliminate liquidated damages.
4. Equitable Relief
Equitable relief includes non-monetary remedies such as:
Reinstatement: Restoring the employee to their former position or an equivalent one.
Promotion: If the violation prevented the employee from being promoted.
Injunctive Relief: Court orders requiring the employer to take specific actions to comply with the FMLA, such as implementing proper FMLA policies and training.
5. Attorney’s Fees and Costs
Prevailing employees in FMLA claims are entitled to recover reasonable attorney’s fees, expert witness fees, and other costs associated with pursuing the claim. This provision ensures that employees can seek justice without bearing the financial burden of legal expenses.
Calculating Damages
Calculating damages in FMLA claims can be complex, requiring careful assessment of various factors, including the duration of the violation, the employee’s salary and benefits, and the impact on the employee’s career. Legal representation is often crucial in accurately determining and presenting the appropriate damages to the court.