What are the penalties for employers who deny or interfere with FMLA rights?
In New York, employers who violate the Family and Medical Leave Act (FMLA) may face a variety of penalties. The Department of Labor (DOL) investigates claims of violations and may assess civil money penalties. Employers may be fined for failing to provide information or for violating the law outright. Employers may also have to pay the employee’s wages they would’ve gotten if they hadn’t been denied the right to FMLA leave. The DOL may also pursue a court order against employers who deny or interfere with an employee’s rights to FMLA leave. Courts may order employers to reinstate an employee to their previous employment, as well as award lost earnings or damages. Courts may also assess a civil money penalty against employers. Employers may also face criminal prosecution if the employee’s rights were willfully violated. Criminal prosecution may result in fines, jail time, and restriction of interstate commerce for employers. Employees may also bring a civil lawsuit against their employers, in addition to filing a complaint with the DOL. By filing a civil lawsuit, the employee may be able to receive additional financial damages or other remedies. Overall, employers who deny or interfere with an employee’s rights to FMLA leave may face civil or criminal penalties, as well as be liable for damages. It is important for employers to familiarize themselves with FMLA laws in their state and abide by the law to avoid any legal consequences.
Related FAQs
Can I take FMLA leave if I have a serious health condition?Does the FMLA provide job protection for employees affected by the closure of a business?
How many days of leave am I entitled to under the FMLA?
What documents do I need to provide to request FMLA leave?
Does my employer have to provide me with a guarantee that I will get the same or equivalent job after my FMLA leave?
What type of employees are eligible for FMLA leave?
Does my employer have to pay me while I'm on FMLA leave?
What types of family members are covered by the FMLA?
Can I take FMLA leave to care for my elderly parent if they live in another state?
Does the FMLA guarantee reinstatement of an employee's job after FMLA leave?
Related Blog Posts
FMLA Law: What You Need to Know About Your Rights - July 31, 2023Navigating the FMLA Leave Process: A Step-By-Step Guide - August 7, 2023
Employee Eligibility Requirements for FMLA Leave - August 14, 2023
Understanding How FMLA Leave Works in Your State - August 21, 2023
Explanation of Eligible Uses for FMLA Leave - August 28, 2023