What are the penalties for employers who deny or interfere with FMLA rights?
In Texas, employers who deny or interfere with an employee’s rights under the Family and Medical Leave Act (FMLA) may be subject to legal sanctions. Specifically, an employer who unlawfully denies or interferes with FMLA rights may be liable for compensatory and punitive damages, as well as attorney’s fees. In addition, an employee may file a complaint with the U.S. Department of Labor, which can impose civil money penalties on employers who violate the law. Compensatory and punitive damages are designed to compensate an employee for the losses they may have incurred due to the violation, such as lost wages and benefits, or pain and suffering. Punitive damages may also be imposed in order to punish employers for their actions and deter future violations. The U.S. Department of Labor also enforces the FMLA and can assess a civil money penalty against an employer for willful violations. A civil money penalty is a monetary penalty that is imposed by the Department of Labor for violations of the law. The exact amount of the penalty depends on the circumstances of the violation, but can range from $166 to $1000 per employee affected. In summary, employers who deny or interfere with an employee’s rights under the Family and Medical Leave Act may be subject to legal sanctions such as compensatory and punitive damages, civil money penalties, and attorney’s fees. Employees may file a complaint with the U.S. Department of Labor to seek these penalties, as well as any other relief that may be available.
Related FAQs
Does my employer have to reinstate me to my former position after FMLA leave?Can an employee be required to pay for health benefits while on FMLA leave?
Does the FMLA protect employees from being fired while on FMLA leave?
Is an employee responsible for any costs associated with returning to work after FMLA leave?
Does an employee's job status affect his/her eligibility for FMLA leave?
Are there any exemptions to FMLA employee eligibility?
Can an employer deny an employee's request to take FMLA leave?
Does the FMLA cover job-protected leave for employees with a qualifying exigency related to their spouse's deployment?
Can I take FMLA leave to care for a family member with an illness that requires intermittent medical treatment?
Am I required to give my employer notice before taking 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