Can I receive compensation for wages or benefits lost due to FMLA violations?
Yes, you may receive compensation for wages or benefits lost due to FMLA violation. The Family and Medical Leave Act of 1993 is a federal law that provides employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. In Texas, employers must comply with both the federal and Texas Family and Medical Leave Acts. Under the Texas Family and Medical Leave Act, employers are required to reinstate an employee to his or her previous position or a comparable position with equivalent compensation and benefits that the employee would have received had the leave not occurred. If an employer fails to comply with these requirements, the employee may be eligible to receive compensation for lost wages and benefits. Furthermore, under the federal FMLA law, the U.S. Department of Labor (DOL) may initiate an investigation to determine if an employer has violated the law and the employee may bring a civil action against the employer. Depending on the findings of the investigation or the civil action, the employee may be eligible to receive compensation for lost wages and benefits, as well as punitive damages if the employer was found to have committed a "willful" violation of the law. It is important to note that employees must take the proper steps to ensure they are eligible for compensation in case of a FMLA violation. Therefore, it is important to research the relevant laws, consult with an attorney, and document the violation in order to maximize the chances of a successful outcome.
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