{"id":368919,"date":"2023-01-27T13:36:43","date_gmt":"2023-01-27T18:36:43","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/can-i-sue-my-employer-for-violating-the-family-and-medical-leave.html"},"modified":"2026-06-17T10:47:56","modified_gmt":"2026-06-17T15:47:56","slug":"can-i-sue-my-employer-for-violating-the-family-and-medical-leave","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/can-i-sue-my-employer-for-violating-the-family-and-medical-leave.html","title":{"rendered":"Can I Sue My Employer for Violating the Family and Medical Leave Act?"},"content":{"rendered":"\n
\n

Can I Sue My Employer for Violating the Family and Medical Leave Act?<\/h1>\n\n
\n
\n By Hannah Hilst<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

An FMLA violation<\/span> occurs when a covered employer<\/span> illegally denies leave, retaliates<\/span> against an employee for taking protected leave, or otherwise interferes with an employee’s rights under the Family and Medical Leave Act<\/span>. If your employer violates the FMLA, you can file a complaint with the U.S. Department of Labor<\/span> or pursue a private lawsuit<\/span> for remedies including back pay<\/span>, reinstatement<\/span>, and damages.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

A leave of absence from work might be necessary to take care of yourself or your family during a difficult time. That’s why there are federal and state laws to protect workers who need time off.<\/p>\n

But your employer might refuse to grant your leave. Or, you may face retaliation<\/span> for requesting leave. In these situations, consider your legal options.<\/p>\n

If you have a qualifying medical condition, are anticipating a new child, or\u00a0have a family member suffering from a serious health condition<\/span>, obstacles to taking leave can be stressful. An employment attorney<\/span><\/a> can ensure that\u00a0you are afforded the full protections of your FMLA rights<\/span> when requesting a leave of absence.<\/p>\n

What To Do After an FMLA Violation<\/span><\/h2>\n

This article will explain FMLA and the process to follow if an employer violates this law, including:<\/p>\n