How do I file a complaint if my FMLA rights are violated?
If you think your rights under the Family and Medical Leave Act (FMLA) have been violated in New York, you have the option of filing a claim with the U.S. Department of Labor (DOL). This is the recommended first step when filing a complaint. The first step in filing a complaint is to submit a written statement to the New York district office of the DOL’s Wage and Hour Division. This statement should include the employer’s name and contact information, a description of the FMLA violation, and any relevant supporting evidence. The DOL will then contact the employer to investigate the alleged violation. If the DOL determines a violation occurred, they may order the employer to take corrective action and provide back pay to you. If the DOL does not investigate your complaint or does not take corrective action, you have the option to file a lawsuit in federal court. To do so, you can contact a private attorney or file a claim with the DOL and request permission to sue. In either case, it is important to keep careful records and to document any conversations you have with your employer regarding your FMLA rights. This will be useful if you decide to file a claim or a lawsuit.
Related FAQs
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Can my employer deny my request for FMLA leave?
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Am I required to give my employer notice before taking FMLA leave?
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