Remedies and Damages Under the FMLA

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September 14, 2015

The FMLA provides for several kinds of damages and remedies. The relief requested in a lawsuit naturally will depend upon the facts of the alleged violation. Relief can take the form of money damages to be paid by the employer as well as equitable relief requiring the employer to take or refrain from certain actions. Among other things, an employee may request:

  • Back pay – Generally, the amount of lost wages and benefits between the time of the violation and the time at trial;
  • Reinstatement – where an employee proves that he or she was terminated in violation of the Act, the court has the authority to order that the employee be reinstated to his or her former position;
  • Value of other lost benefits –For example, the cost of medical services;
  • Other kinds of monetary losses – an employee can seek to recover any other kind of monetary loss that directly flows from a violation of the Act. For example, an employee may seek to recover the cost of a caregiver who was hired to care for a parent or child;
  • Liquidated damages – where an employee establishes there was a willful violation of the FMLA, he/she can request that the amount of damages be doubled;
  • Front pay – in the event of a termination and where reinstatement is not practical, a court may make an award of front pay. This largely consists of lost future earnings over a specific period of time. These kinds of damages can easily accumulate into a large amount;
  • Costs & Interest – if an employee’s FMLA lawsuit is successful, he or she can recover his costs in connection with the litigation. These include such items as the filing fee for the lawsuit, court reporter fees for depositions, witness and subpoena fees for trial and the cost of copies; and
  • Attorney’s fees – a successful employee in an FMLA action also can recover his/her attorney’s fees. Naturally, the longer the litigation continues, the larger the amount of attorney’s fees becomes. The amount of attorney’s fees occasionally will dwarf the amount of actual damages the plaintiff is awarded.

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