What are the penalties for employers who deny or interfere with FMLA rights?

In Virginia, employers who deny or interfere with the rights of their employees under the Family and Medical Leave Act (FMLA) may face serious penalties. Employees may file a claim with the U.S. Department of Labor (DOL) which enforces the FMLA law. If the DOL finds that the employer violated the Act, they can require the employer to compensate the employee. This compensation can include legal fees, lost wages and benefits, and any other damages sustained due to the violation. In addition to financial penalties, employers found guilty of violating the FMLA in Virginia may also face criminal penalties. The DOL can refer a case for criminal prosecution to the U.S. Department of Justice, which may result in fines, jail time, or both for the employer. Employees who are denied or interfered with their FMLA rights also have the right to file a civil lawsuit against the employer in court. The employee may be able to recover lost wages and benefits, as well as punitive damages, depending on the facts of the case. These are the serious risks employers take when they deny or interfere with their employees’ FMLA rights in Virginia. Employers should be aware of the law and their obligations under it to ensure they do not run afoul of the law and risk facing serious penalties.

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