What are the penalties for employers who deny or interfere with FMLA rights?
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees the right to take unpaid time off for certain family and medical reasons, such as the birth or adoption of a child, or to care for a sick relative. In North Carolina, employers must comply with both the federal FMLA and the North Carolina Medical Leave Act (NCMLA). Penalties for employers who deny or interfere with FMLA rights can be quite severe. An employer may be fined up to $110,000 for willfully and knowingly violating the FMLA. Additionally, an employer can be held responsible for any lost wages and benefits to the affected employee if the FMLA violation resulted in monetary losses. An employer may also be held liable for damages caused by the FMLA violation, such as emotional distress or physical harm. To further deter employers from violating FMLA rights, employees can bring a lawsuit against their employer. If the employee prevails in the lawsuit, the court can award them with double the amount of back pay they lost due to the violation. The court can also issue an injunction against the employer ordering them to comply with the FMLA. It is important that employers understand their obligations under the FMLA and comply with all its requirements. Although employers in North Carolina must adhere to both the federal FMLA and the NCMLA, they must understand that non-compliance carries serious penalties.
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